Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-10-29

! three years prior to March. 1905. she
did most all of the business; that dur
| ing tn" last two or tire" years prior to
| that time she drove 20 Oakland and dld
| the business sometimes with her nus
band but usually with her son, Clin-
, ton: that during the five or six years
prior to March &c. 1905 friends who
| had always known Ilewcllyn X.
Stevens noticed that he had failed
physically and mentally. that he had
aged East and grown irritable ami
| childish; and that his conversation
was disconnected and he could not
seem to keep his mind on any one
subject; that on March &c, 1905, his
wife dropped dead and that he was
I overcome with grief and seemed dazed.
that he cried a great deal and did not
know his eldest daughter when she
was called home at the time of his
wifc's death, that he took for her aunt
Hattie and insisted on calling her
Hattie several times, and that she
| was obliged to explain and reason with
! him to make him understand that she
was not he" aunt Hattie but her
oldest daughter
The question goes on to consider
| Stevens general actions and his con-
! duct towards his son and then con-
| tnueS:
THAT on the 18th day of May, 1905,
| Mr.. Stevens decided his real estate 10
| Mr.. and Mrs. Cook: that Mr.. Cook had
performed only few days labor on
| the farm up to that time and that Mr..
i Cook and his wife and children had
been helped by Mr.. and Mrs. Stevens
! and their two sons with provisions and
, money; that a the time of making the
decd he also gave Il bill of sale Of all
the personal property to Mr. and Ms.
Cook; that very soon after making the
writings he stated to his sons and his
| ncighbors that he fixed things up; that
he was going to carry on the place just
the same and Mr.. and Mrs Cook We're
to have the property when he was
through with it and they were to pay
the other children 500 each when III
fact he had given Mr.. and Mrs. Cook
an absolute bill of sale Of all l,..,
personal property and had given them
Il warranty deed of the real estate with
the exception that there vas .
reservation in the decd stating that he
should have his support and be
furnished with medical attendance
The question goes on to speak Of two
prOmiSsory notes on which suit was
pending ut the time of the transfer. of
the sale Of certain stock by Stevens.
the stopping of the sale price by Cook
and IL statement of Stevens that he
could not understand this: of a visit
made by Stevens to George
Fl. Bryant of Oakland. Of Bry-
ant telling Stevens when intro
duccd to his son, Clinton. that he did
not know that he had any other
children and that he should have
talked over the transfer with his other
children; and OF Bryants telling him
that tho Cooks We're not obliged to
furnish him with Il meal of victuals
The question goes on to take Up
several symptoms brought out in the
evidence Of the condition of the mans
mind and then concludes with the
following three questions:
'F'irst-Founding Eour opinion upon
The above facts rs assumed and stated.
was LieweIlyn X. Stevens on the 18TH,
day Of May. 1905. possessed Of ment:,i
capacity sufficient to transact business
With intelligence and an intelligent
understanding of what he was DOING"
Al think not
S"cond-Assuming the same set of
facts stated in the first hypothetical
question as true and upon the testi-
mony which YOU have heard at this
| trial and upon your examinations of
him made by YOU on the 30th day OF
March. 1896. and the 25th day of
October 1906 did Llewellyn n.
| Stevens, in your opinion. on May 18th.
| 1905, have a sufficiently active memory
| to collect in his mind without prompt
| ing the particulars of his buiness and
! his property and held them in his
| mind a sufficient length of time to per-
| ceive their obvious relations to each
| other and to be able to form a rational
| judgment in relation to thcm?'
| Al think not"
! Notwithstanding the same set of
| facts. stated in the first hypothetical
| question as true, and upon the tcsti-
! mony which YOU have heard at this
| trial and upon your examinations Of
| LlCWcllyn X. Stevens made by YOU on
| the 3oth day of March, 1906. and the
! 18th day of October. 1896. did LlcWcllyn
| X. Stevens, in your opinion. on the 18th
! day Of May. 1905. have active memory.
| and mental capacity enough to bring
TO his mind the nature Of the business
ne was tranEacting at the time Of
| making the deed in question in this;
ca@c. and mental power enough to un-
dcrstand what he was then doing and
to act with sense and judgement in
| the particular transaction:'
Al thing not
Mrs. George A. Holbrook Of Halo
! well. daughter Of the late Mr.. Stevens.
| recalled. testified briefly regarding
som" letters in the case.
+! At II O'Clock the case for the plain
tiff was ended and Attorney Hcseltnn
made the opening for the defendants,
| saying that he would confino himself
! to the question of the mental ability
| of the late Mr. Stevens. though it was
Il great temptation to refutc the insln-
! uatinnS OF the Plaintiff. He further
| said that he would show that the idea
Of unsound mind was advanced nc
fore The death of Mrs. Stevens.
Thirteen witnesses were called IN
| behalf Of the defence and Horny Rich
! ards of Gardiner was the first to be
| cal IN hn 10 ioI