The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1908-02-18
church withdraws It's obiections.

Church Withdfaws It's Objections
There was great surprise when it was
announced, about the first of the year, that
the officials of St. Mary's church, Burling-
ton, had decided to contest the will of Mrs.
Elizabeth A. Ellis. Another surprise was
given, on Tuesday, when it was announ-
ced that the contest had been given up,
and that no further objection would be
presented against its probate. There was
an opinion in many quarters that there
was not much chance to have the will set
aside, that is hard thing to do in New
Jersey, and after the testimony of nurse
given to the court on the 9th of this month
the general feeling was that the churchlhad
small chance of success. This was espec-
tally strengthened by the fact that the
witness had been relied upon by the con-
testants to give them much aid, when as a
fact her evidence was strongly against the
breaking of the will.
A meeting of the vestrY of the church
was held on Monday evening and the next
day Rev. James Olmstead, rector of st.
Mary's church, made the following public
statement:
1.-THE vestry of st. Mary's church, in I'M
dertaking the appeal from the probate OF
the will of the late Mrs Ellis, believed that
they were acting for the best interest of
the parish. After further consideration
they have decided that it is best to discon-
tinue the case, and have therefore instruct
ed counsel to withdraw the appeal. They
hope that this action will serve the true
interests of the community, the parish and
the church at large"
Whatever may have been the ideas of
those who started the movement to con-
test, there is not the slightest doubt that
they created much unfavorable criticism,
not only in the congregation, but also out
side of it. A Burlington paper refers to the
subject and says there have been sensat-
ional reports of a possible breach in the
church, owing to the intended litigation,
but that such reports are without found
alton" Perhaps there would not have
been any open rupture but there is not the
slightest doubt that the feeling against the
contest was very strong among the mem
bers of the congregation.
In the outside world there was criticism
on the point that a church would allow
itself to be the party to a contest that
would draw it into the courts and cause it
to be the target for such shots as would
have been mercilessly hurled at it. BY
starting the case the church put itself in
the position of either being in great need
of money or of wanting to do someone in
jury through Interior motives. Yetin this
instance it is hard to admit either of these
ideas. But, there was serious mistake,
bad counseling somewhere. There was an
apparent effort to show that there had been
undue influence on the part of someone to
induce Mrs Ellis to dispose of her proper
ty differently than she had at one time been
inclined to- If the idea was to throw this
aspersion on Reginald Branch, Esq, ithas
failed for the impression prevails
that if the young man used any influence
in the matter, it was exsrted in judicious
manner Since the notice of the discon-
tinuanc0 of the suit Mr.. Branch has been
the recipient of many congratulatory mes.
sages and letters.
This will provides that any one attempt
ing to contest it shall lose the bequest
mentioned therein. The terms are so plain
that it is not possible to figure out how st.
Mary's can now get penny of the bequest
Only by the consent of the residing
Iegatee, Miss Gordon could this be pos
sible and, under the circumstan
ces, it is hard to see where she is under
any obligations to confer gift on those
who would have deprived her of the sum
if there had been any good chance to do
20.
The whole thing has been anything but
a credit to those who instigated the suit
and the church suffers but not by the acts
Of the congregation, for if vote had been
taken it is almost certainly the action
wonld never have been commenced.
Nov, in addition to the costs that were
necessary for the proposed litiga
ton there is a prospect Of loss of
30, 900. Wonder who will make
good There was much interest in the
trial of this case and large
audiences would have filed the court
room, as the legal talent representing each
side was OF the best, and there would have
been many spicy occurrences. The decis-
lon to withdraw was a wise move. The
trouble was that the contest was ever
allowed to have serious consideration