Herald and news. [volume] (West Randolph, Vt.) 1878-1943, 1908-12-24

Civil and Divorce cssss--chrstmau
Reeesa Taken.

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Recess Taken.
The Whitaker viii case occupied the
attention Of the court most Of last week
and resulted in the viii being sustained.
The decedent, Sidney A. Whitaker, lived
at North Hartland. Last June he was
quite poorly from an attack OF the grip
which had left bis heart weak. He was
q widoweF and his home st North Hart
land had then recently been destroyed by
fire. He had now here to 70 where be
could be nursed and decided to 20 and
did 60 TO the hospital at Hanover. At
this time. In addition to certain personal
property. be had small farm called the
Marble farm, which had been In the fam
lily Of his wife and her foFbears since be-
fore the Revolution. He also had q half
interest in the old farm Of his mother,
called the Spooner farm, which had also
been In the family since the days Of the
New Hampshire Grants. On this last
farm lived his only living near relative,
his brother B. Frank Whitaker. Sidney
was sick unto death, as he realized, and
sent Tor Howard J. Miller and Q. G. Gates
OF Hartford. also for his own brother, B.
Frank. The three met at the room OF
Sidney In the hospital. He told them
that be wanted to have q will made leav-
ing al his interest in his mothers farm
to his brother, B. r., and that his other
farm be wanted to make q different dis
position OF. but did not at that time make
known what his plan Was. Later, he
sent for Miller and his wife and told
them he intended to leave the Marble
farm to young Everett, their son, whose
grandmother was a Marble. Decedent
said he did this to keep the Marble farm
IN the Marble family. A will was made
in accordance Herewith. When offered
for probate notice Of contest was iiled
BY B. Frank The ground alleged was
that the viii was brought about By the
undue influence Of Miller and wife. Both
OF them testified that the first they heard
OF the proposition was when deceased
told them what be wanted to do. Mrs.
Miller even went as far as to say she
didn't think be ought to do It, bat he
said he wanted to do 80. No claim was
made Of lack OF testamentary capacity.
but il appeared that B. Frank has an only
son, chronic invalid, and it seemed to
some as though the Marble farm should
have been given to the invalid nephew in
stead OF to a stranger. The jury, as stat
ed, affirmed the will, and order was en-
tered to certify the case back to the pro-
bate court in that way. William and
Charles Batchelder for. contestant. WIN.
W. stiekney and J. G. Sargent for pro-
ponents.
The next case Of trial was otherwise
disposed Of becaues the attorney for
plaintiff disiikes trying cases in county
court aud calls it an obsolete institution.
He wants "deestrict'' courts, with one
judge to try his cases in.
On saturday morning was taken up the
case OF Mary A. Turner vs.. the Central
Vermont Railway company; and VIM. f.
Turner We. Central Vermont Railway Co.
two actions being tried together to recov-
er damages for alleged setting Ore to
buildings By locomotive sparks. The
premises are near where the old Wood
stock station used to be on the Central
line. The case VIII last until The Christ
mas recess, which will be taken q noon
Thursday. c. W. Writers, @. o. Pitts
and Raymond Irainor are for the defend
ant railway company; William and
Charles Batcbelder fos the Turner's. while
=. L. Laird Of Montpelier watches the Csc
for the Vermont MutoAl Fire Insurance
Ida R. stOne ". Miles A. stone. d.
voroe. was heard and biz granted for
neglect and refusal to support. n. w.
Hoye for petitioner.
Fred 3. Bates vs. Jessie L. Bates; bin
granted for desertion, Tarhell q Whit
ham for petitioner.
Eugene II. Page vs. Mary y. q. Page:
bill granted Tor adultery, Wallace N.
Batchelder for petitioner.
Charles B. Gushea ". Eva Gushea:
bill granted for wilful desertion, Whit
ham, OF TarbeII a Whitman, for petitioner.
State vs. Ralph Winters; respondent
peadled guilty to breaking into a Boston
q Maine freight car at the Junction, and
stealing pair OF shoes, some crackers.
coffee and box Of cigars. He was given
Is months in states prison.
Harley Duelos Of Ludlow for breach OF
the peace was let go on his own recogniz-
ance.
After the close Of the railroad case.
there are two other civil cases and five
state cases yet to be tried by jury. and
about a weeks court business, so 1t will
be about The third week in January be-
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