Middlebury register. (Middlebury, Vt.) 1886-1937, 1907-12-13
ADDISON COUNTY COURT.
The Interesting Rogers Will Case
GoinQ on All the Week.

1otUV on t<tI tU8 W00Hs
The work of the court was continued
last week until IL O'Clock Saturday FORE
noon, at which time a recess was taken
to two o'clock Monday afternoon. Moth
ing of importance had been done aside
from the taking of testimony in the Car
oline w. Rogers will case, which had
been started on Wednesday morning.
1t was then apparent that this case was
destined to be long one.
When the court recommended at two
O'Clock on Monday the taking of testi-
mony in the will case was resumed on
the side of the proponents and it has
been going on all of the week, with the
end not yet in sight.
This is a somewhat remarkable as well
as celebrated case. Caroline w. Rogers,
the testatrix, died at Ferrisburgh Center
on the 9th of October, 1905. at the age
of 70 years. On the 9th of the preceding
August she executed will disposing Of
about $l0,O 900 worth of property, so far
as can be learned, and there were many in
Ferrisburgh who thought that she must
be worth anywhere from $50, 900 to $780,
900. Prior to that time, in July, 1904,
Mrs. Rogers had drawn up and executed
another will, which she, according to
witnesses, called a temporary will and
which she placed in the hands of her
pastor, the Rev. George II. Bailey, with
instructions that it should not be de-
stroyed until he heard that later will
had been filed with the probate court
The provisions of the two wills were
essentially different. In both various
bequests were made to different religious
organizations, changed in the later will.
In the will offered for probate there
were bequests to the American Mission
ary Association, to the Vermont Mission.
airy society, to the Congregational church
of Ferrisburg, 81, 600 to George NJ Smith
who had long been in the employ of Mrs.
Rogers, and minor bequests to relatives
and friends. The home place at Ferris
burgh Center, valued at something over
So, 900, was bequeathed to Rev. George
H. Bailey. Mrs. Bailey and their daugh-
ter, Miss Alice Bailey, for their use in
) succession during their several life-times
1t is the validity of this latter will
which is in controversy, and 1t is at
tackled both on the grounds of undue in
fuence exercised by the Baileys and or
the ground of the mental incapacity OF
Mrs. Rogers 10 make will at the time
of its execution. 1t was the contention
of the contestants that Mr.. Bailey had
had large share to do with the shaping
of the second will and that he had large
ly shaped it to his own ends. The priol
or temporary will' of July, 1904, was
burned by Mrs. Bailey under the direc-
| 1, ohor D.
after it was learned that the second will
had heen filed with the probate court Of
the New Haven district.
The contestants who are fighting the
will are John Q. Adams of Ferri-burR
and James w. Adams of Lawrence, Kan,
sas brothers of the deceased testatrix,
who we're heirs at law but were entirely
cut off in the will offered for acceptance,
They are both aged men, in the vicinity
of S0 but quite hale and hearty fol-
their tim of life, and in fighting mood
1t appears from the testimony that
there had been some ill feeling on the
part of Mrs. Rogers against her brother
John for some time before she died, but
when Rev. Mr.. Bailey inquired of Mrs
Rogers why she did not mention Johr
and James in her will as resduary lega
tees, she answered, he testified, that they
had enough already.
There are other complications in the
case, involving three wills simultaneous
ly executed in 1902 by Mrs Rogers, hel
brother George and her sister Lucy A.
Adams, both of whom were living with hel
at the time. 1t was claimed on the part
of the proponets that the intention in ex-
ecuting these wills was that the survi
vor of the three should have all that wa;
left. George and Lucy died quite sud
denly, within short intervals of eacf
other, and John Q. and James w. each
under the operation of the law received
5000 under the will of George w. Adams
This it was contended, helped to irritate
Mrs. Rogers against her brothers. as sht
expected as the survivor of the three wht
had made the simultaneous wills to re
ceive the whole of Georges estate.
turned out the wills were not drawn tC
| that effect and she had to he satisfied t.
= share with the others.
This case was tried at the June term o
1905, and after hard struggle of two
weeks the jury brought in verdict sus
tanning the will now in question as th
last will and testament of Caroline w
Rogers The contestants had 'taker
: numerous exceptions and carried thu
case to the Supreme court. 1t was hearC
and, the exceptions being upheld, tn
the case was sent back for new trial
which is the reason for its appearance
once more in this county court.
The case is being very sharply an
vigorously contested. Rev. Mr.. Bale
was on the stand most of Monday after
noon, all OF Tuesday forenoon and practi
cally all of Tuesday afternoon, Judg
Bliss finishing his cross examination jus
before the recess was taken for the night
Judge Bliss is assisted for the contes
tants by Charles l. Button of Middlebur
and Frank l.. Fish of vergennes. for tn
proponents, is assisted by Frank W. Tut
tie, of the same city.
Rev. Mr.. Bailey is now the pastor @
the Monument Congregational church i
Weybridge.
Soon after the opening of the cour
Tuesday forenoon the grand jury came i