Norwich bulletin. [volume] (Norwich, Conn.) 1895-2011, 1909-03-11
WESTERLY WILL CONTEST
Six Hours Hearing Petition Against Probang Will of
Miss Ellen Burke-About $4,000 Disposed of-Test-
imony Concluded on Wednesday Liquor Prosecution
Students Burned by Exploding Chemicals

.
with Overseer Of the Poor Barber, con
sidered the claim Of Angelo Dd Mari
and erected a settlement for SCOT
which had been paid by the oversee
of the poor. 1t was voted that Nil
BARBER have town order for the sur
expended.
The council then went into session
as a court Of probate to consider tn
Petition for admitting for probate tn
viii OF Miss Ellen Burke.
Judge Nathan 3. Lewis counsel To-
contestants, made motion that all wit
neSses be excluded except those testi
Tying, which was ordered after discus.
sion. Judge John w. Sweeney repre-.
scented the executors OF the will.
President Clarke made an appeal fol
aha parties In interest to get together
and settle the matter and preserve the
family ties. The counsel stated that
they had made every effort to settle
the case, but it was impossible to reach
any agreement
The hearing was then commenced
and Clerk Whdpple read the win, the
beQueSts being as followss House and
lot in Cross street TO her niece, Han
nah Fay; 500 to st Paul's church
Cambridge, Mass; $50 to Ellen Ford
OF Cambridge, a cousin; $50 to Rather
ane Ford: $50 to Rev. J. +. Ryan, st.
Paui's church, Cambridge; $50 to Nellie
Ma.honey, godchild; 500 to Rev, Peter
McOsoar OF Westerly; $50 to the
Church OF Our Lady of Perpetual Help,
Roxbury; $50 30 Patrick Burke, her
brother; the residue of the estate to be
devoted TO masses for the respose Of her
soul.
Albert Carpenter, one OF the witnesses
40 the will. testified he resided in same
house with Miss Burke. He had known
deceased for four months. Mise Burke
said the document was her will and
uha Nxfau ~ NJ
mind
On cross examination by Mr.. Lewis,
said he hired the tenemtnt from
James Burke and paid rent to him. Mr..
Burke signed the receipts with Miss
Burke's name and his initials. Mrs.
Carpenter and witness signed the will
togther. Father John Dunn was pres
emf, and asked Carpenter to be witness
20 wiz Miss Burke said TO witness.
-Ainf a smart one" Priest told
Miss Burke this was her will, and ask
ed her II It was her will and wishes
no wanted 70 sIgn, and she said she
was willing to sign, and did so with
her mark Father Dunn handed her
the pen and she handed II back. The
will was signed three days before her
death. She wa5 sick in bed about four
days before she died. Witness called
TO ses her each evening and she recog-
mixed and talked with him.
ROuUCaAmdn e-cdulOu asked Witness |
II Miss Burke was In her right mind |
when she signed the will. He said she |
was, and also in right mind the night |
after. He had no interest in the will. |
In response to queries from Mr.. Lew
is, said that Patrick Burke had ques-
toned him concerning the will. He |
did not tell Burke that he raised Miss |
Burke UP to sign the will and she ask
ed him what he was raising her up for.
as Miss Burke know she was to sign
the viii
Mrs Albert B. Carpenter. the other
witness TO the will, testified substan-
TALLY the same as her husband. Miss
Burke said the document signed was
her viii
Witness, in response to questions of
Councilman Scanlon. said Miss Burke
knew she was signing the will. She
was OF sound mind and was Of good
mental condition the day after.
DR.. Frank c. Pagan said he had
treated Miss Burke about a year ago
and again in her final illness.
In answer to question Of Council
man Scanlon, DR.. Pagan said he con-
sidered Miss Burke competent to make
her will.
In response to query from Council
man Langworthy. DR. Pagan said that
morning she had made plans
concerning her will.
Rev. John Dunn said he had been
Catholic priest twenty years, and re-
sided In Westerly since last May. Be
came acquainted with Miss Ellen Burke
last Christmas eve. Was called to
Miss Burke on Wednesday morning,
q gain IN the evening and on Thursday.
On wednesday Miss Burke seemed to
be very bright and was speaking about
getting I'D, but he advised her to COM
ply with the doctors order. He ad-
ministered extreme JUNCTION on Wed | ,
nesday morning, In case Of serious FL
ness. Miss Burke first spoke of max
Ing her will and that the doctor had so
ADVISED her. The priest told her If she |
made Will her mind would be proba-
bly, relieved. She then asked witness |
to write her Will He asked what she
wanted him to write, and then made
The will. IL required about an hour
and half TO make the memorandum
81 the will, as he had no knowledge Of
The family. The memorandum was ,
taken IN the morning and the will writ
Ten during the day and completed in !
he evening. Miss Burke suggested {.
Edward M and James w. Burke as
executors, but witness told her that 1t !
would be wen FOR her to substitute =,
else for Edward, as he was !
Judge OF probate and perhaps not quail
fed. He considered IT proper for him Z
o draw the Will. There was no one D
n the room when the memorandum for
VIII was taken except Miss Burke and :
ne witness. No one else said anything =
o him regarding the will or its con- y
ents. Before tbs will was signed, Faith
n Dunn asked Miss Burke II the docu-
nent was her last will and wishes, and :
he said X was. After DR. Pagan had | Z
Sven opinion that Miss Burke would 2
rot survive, the priest told Miss Burke I
hat the end was drawing near and
aid the prayers for the dead. This =
vas about three hours after the viii [
vas made, but she lived three DAYS a
hereafter. Father Dunn said ne was q
lot acquainted with Mr.. and Mrs. Car I
'enter. tine witnesses to the will. Meth
r James w. Burke nor Miss Hannah Z
lay had any talk with witness con- 4
erning the will. y
In reply to questions by Judge .
sweeney, Father Dunn said he was y
iven all the information In the will Y
y Miss Ellen Burke. No one suggest. 0
d any names In the will except Ellen .
Iurke. Witness believed Miss Burke x
Tas on sound mind when the will was =
lade and that the contents were what y
liss Burke desired. Miss Burke left :.
no impression that she possessed less :,
han $1,000. 81
On cross examination by Mr.. Lewis. "
ather Dunn testified he did not no o
ce at any time that Miss Burke's "
IND was wandering and he believed Il
err to be of sound mind.
Patrick Burke testified that he had | p
ssioed in Westerly for 3S years and q,
as protner OF Miss Ellen Burke, the y, "
'statrix He visited his sister two or "
lree times month, besides seeing her q
church Sundays. He could not re- u'
III whether he met Father Dunn on | q,
ueSday at Miss Burke's home. On ~
uesday evening Father Dunn told him "