Waterbury evening Democrat., 1908-05-21
THE BARLEY WILL
Testimony Given By Mrs Mo-
 Donald of ThomasioD.

The issue in tho Barley will con-
 test Is real estate worth about $25,-
 900. Thomas Mcdonald, son Of
 Maria Mcdonald, sister of Earley's
 wife and executor of the estate, tes-
 tified yesterday that Barley refused
 to hand him over any papers be-
 longing to his wife. One day last
 January while going through the house with plumber he went into
 Earley's apartments and found q
 box of papers belonging to Mrs Ear
 ley in a pantry. He took posses sion of these. They were the deeds
 and receipts of payments made on the property from time to time.
 It was late in the afternoon when Mrs Mcdonald took the stand. After telling the family history she be-
 gan her story of the circumstances under which the will in dispute was drawn up. Mrs Mcdonald lives ill
 Thomaston and it was her custom to see Mrs Barley occasionally while she was ill. She said Mrs
 Barley told her she raised mort
 gage on the old homestead to build the block. The original property by
 the way, she said, was accumu- lated on the savings of the five sis-
 ters. All were born in the oid country but came here quite young
 and buckled in to make a home for themselves. Their father, Philip Reilly, survived their mother, and, it seems, Mrs Barley was the last to marry and her father deeded the property to her.
 Coming down to the story of tlE will she said that the first she heard about the will was in the office of Attorney Russell. She was with Mrs Barley in the latter's home on July 6, 1906, and Mrs Mcdonald re- marked that she would like to go up town to buy some things for her husband. Barley, it will be recalled, has testified that this remark was made by his wife. The women came up town on trolley car, alighted at Center street and went up to MT Russell's office on Gank street. Mrs Barley asked the attorney if she would be obliged to pay her hus- bands debts because he was drink ing a good deal, she said, and that she had a disease which she feared would keep her in the doctors hands a long time and consequently would be costly. She also said that she wanted her property fixed so that after her death it would go to Mrs Mcdonald but found that that would deprive her of it and its rents. As they were talking Barley entered the office and accused Mrs Mcdonald of influencing his wife against him. They were there about 15 minutes in the office when he entered. Mrs Mcdonald denied his accusation and Barley got angry and said he would see Attorney Cole and have an in- junction served upon his wife. Fin ally, Mrs Barley said she would not leave the office till her affairs were arranged for she wished to go to Thomaston, and she wanted 1t so that Mrs Mcdonald would get her all after her death. Mrs Mcdonald said she refused to have anything to do with the property then because she did not know what amount of debt Barley had put on it. Mrs Earley's will was accordingly drawn up, giv. ing $500 to her husband and the balance to Mrs Mcdonald after Mrs Earley's just debts were paid, with the understanding that she was to divide with her sister, Mrs Margaret Jordan. They then left Mir Rus sells office and took car for home. On the way they found that Barley was on board behind them. When they got home nothing was said about the will that was just drawn up. bu. Barley was very angry, said he owned the property ''and all that" and his wife replied that since she was married Barley had not earned enough that would buy DOT ridge for her. This made him more angry and his wife hurst into tears.
 The witnesses heard to-day were Mrs Mcdonald, William NJ. Hodges, a clerk in the Citizens National bank, and Miss Mary A. Luddy, nurse who had the care of Mrs Barley dur ing her last illness. In the opinion of these witnesses Mrs Barley was sound and competent to | manage her affairs at about the time she made her will.