The news-democrat. (Providence, R.I.) 1906-1909, 1907-05-24
Or. M|LLAR
WINS bARsT0W
WILL CONTEST

Judge spink upheld yesterday the viii
OF Miss Elizabeth Barstow. which was
contested in the municipal court yester-
day an apneal was taken and personal
bond OF 100000 was required OF Dr. ROD
eft Millar named as the executor.
Miss BarStow died a few weeks ago. In
her will executed May Is. 1906 she gave
Dr. Millar her house at the corner OF
Prospect and Waterman streets. Sso'Uo III
cash and made him the reslduary iegatee'
To Mrs John " Vernon she gave 2oV"'
and 10 ST. Johns Episcopal church 5000.
The contestants are Mrs. Lizzie r. Sar-
gent OF Spencer Mass, and Miss Georgie
F. Barstow OF Hanover. n. H., only chill
dren OF Edward Barstow own cousin OF
Miss Barstow. His fathJ. Edward, was
brother OF John 7. Barstow, the rather
OF the testatrix.
Margaret Raweon testified that she at
tended Miss Barstow as a trained nurse
for about four weeks after the Tuesday
before Easter, 1906. The will was execut-
ed about a week before the end OF the
witness engagement, and when MISS
Barstow was getting well There was an
other nurse, a Miss Hendricks, win
whom the witness alternated different
PARTS OF the day and night The other
occupants OF the house were Miss Grim
nell and three servants-Mary Brown
Catherine Sutherland and one Margaret.
Miss Barstow was so weak that IL was
necessary 10 lift her from and off the
bed Il was said She had been troubled
with asthma. but what previous ailments
she had had the witness did rot know.
The greater part OF the time Miss Bar
stow sat day and night. that she might
breathe more readily. The last week that
the witness was at the house che saw
Miss Rarstow walk across the floor once
Miss Rawson said that DIR. Millar came
in 10 see Miss Barstow pretty nearly ev-
cry day during the first OF the witness
stop at the house. The doctor remained
about 10 minutes each time, but she did
not hear him and Miss Barstow discuss
any subject.
Mary T.. Grinnel the other witness.
testified that Miss Barstow was OF SOUND
and dsposing mind. and that Miss Bar
stow had declared the instrument to be
her last will and testament Before the
instrument was executed DR.. Millar said:
.'You must tell them that this is your last
will"
Dr. Millar was not attending Miss Bar
stow professionally as she was under
the care OF Dr. Cook It was testified.
The witness spoke OF the sister. Lydia
Barstow. as the stronger one OF the two,
upon whom Elizabeth relied 10 consid-
erable extent in matters requiring tudg-
ment The witness did not think that Ly-
d.a's death affected Elizabeth seriously.
The witness was asked upon whom Miss
Barstow relied for advice. Her reply was
II think that she reliad upon DIR. Mlllar
after the death OF John w. Vernon"
Robert Millar was called by Mr. Collins
and testified that he had known the
Misses Barstow as n friend and physi-
clan for a period OF 25 years. For pc
riod OF perhaps three years during tho
latter part OF Miss Elizabeth's life he
had visited the house every day. Sundays
excepted, and had partaken of lunch.
The witness asked Miss Barstow why
she had not given her house to Tom
Casweil. her cousin. and nearest OF kin
Miss Barstow said: mo; he has house
OF his own and will not want this one.
It was the expressed will of my sister
and II Is my earnest desire that you have
the house.
Miss Barstow also told the witness that
she had given him 10000. and that he
was to he the residuary legatee. he said.
Later the witness asked Miss Barstow
II there was not some person on her faith
ers side who ought TO be berefited by
the distribution OF her estate. Miss Bar
stow said there was none.
DR. Miilar said that Miss Barstow fire.
uuently consulted with him as to her
business AFFAIRS. II she thought OF maxi
ing an investment she almost Invariably
sought his advice.
DR. Millar said that Miss Barstow had
a fatty heart and chronic nephritis. The
latter disease does ont affect the men
tality OF person until in It's latter stages
he said.
The contestants are represented by
James c. Collins, Jr and George w. Kel-
ly of Rockland Me. Dr. Mllar's counsel
Is John Henshaw.