Waterbury evening Democrat., 1908-05-28
KILLOUCHEY WILL
Hearing on Again Day in ihe
 Probate Court.

To-day's hearing on the contested
 will of the late Mrs Catherine Kill
 loughey, who lived on James street,
 began with Mrs Richard Benson of Terryville on the stand. In her di- rect testimony Mrs Benson said
 from her knowledge of Mrs Kill loughey she became very careless of her personal appearance toward the close of her life and in witness s opinion this was not an indication of a sound mind. She used to com plain that she had. no one to care for her, her husband and two sons
 having died. Once or twice witt ness heard her say something about leaving her property to the church, meaning St Patrick's, seeing she had no relations. But witness re- minded her that Mrs Honour O'Brien, her cousin, had children, and Mrs Killoughey said that was so and she would remember them in her will.
 Witness saw Mrs Killoughey five weeks before she died, and Mrs Mary Whaler. Mrs Killoughey's sis ter, the appellant, was in the house then. having come from Aurora, III. Mrs Killoughey was greatly put out by the death of her son, Thomas, her last child. Often, too, she said she would take all her property with her to the grave, but what she meant by this witness could not say. Witness could not recall the exact words of deceased when she made the above remark, but it caused wit ness to conclude that Mrs Killough- ey had changed wonderfully. Wit ness said it was her opinion five weeks before Mrs Killoughey died, that if Mrs Killoughey had sound mind at that time she would have taken more interest in her personal appearance.
 Under cross examination Mrs Benson exhibited the greatest weari- ness and complained of having a headache. She said she knew Mrs Killoughey when they were fellow servants in the household of the late Greene Kendrick, father of Greene Kendrick, who used to live opposite the green and now resides in West Haven. She thought a good deal of Mrs Killoughey then. That was 40 years ago, and though both were Catholics witness could not say as to Mrs Killoughey's at tendance at church.
 Her son, Thomas, caused her a good deal of trouble on account of his wayward habits. A short time before her death Mrs Killoughey, witness, and Mrs o'Brien paid visit to his grave. Witness could not say if Mrs Killoughey prayed, but she knelt down and cried so much and so loud, she could not say If she said a prayer. but she did say she wished she could carry Tom home with her.
 Before going to the cemetery, Mrs Killoughey spoke about her will. saying she left money for memo rial window and for masses. She was thrifty to the point of excessive penuriousness and when she ex- pressed fear that her sister would leave her, said also:
 well, hasn't she got enough to eat and drink and ain't there the two houses. What more does she want" This remark was caused by the witness saying to her that if she treated her sister right, give her | enough to eat and a little money | occasionally, she would not leave her.
 Mrs Margaret Rice. who testified | through Attorney Stokes as interpre- ter, said she lived in the lower part | of the house occupied by Mrs Kil- loughey and after the death of Thomas Killoughey. her son, 1t was common occurrence | for Mrs Killoughey to he found ram- bling around the house nights cry ing out for her dead boy. Mrs Rice and Mrs Killoughey were speaking | about the latter's proposed disposi- tion of her property after her death and Mrs Killoughey said she had willed 1t all to the church. Mrs | Rice expressed surprise why she did not leave some of 1t to her rela- tives, to which the other replied that | she would like to leave some to her sister, Mrs Whalen, but she had been advised that if she left any to her she would be obliged also to leave some to her husbands relatives, th> and she would not