The star and Newark advertiser. [volume] (Newark, N.J.) 1908-1909, 1909-03-04
SAYS MISS BURNET
WAS UNCONSCIOUS
OF SURROUNDINGS
Rich Hilton Woman Didn't Know
What Was Going on
About Her.
PHYSICIAN TESTIFIES HER
MIND REFLECTED ILLNESS
DR.. Coughlan Tells of Attending
Her About Time Disputed
Will Was Signed.

Much testimony as to the mental and
physical condition Of Miss Anna A.
Burnet, whose will is being contested.
was heard In the Orphans Court before
Judge Davis today. 1t covered a PEI
Rod about the time that the document
was executed, and was presented for
the purpose of showing that Miss Bur-
net was not only unduly Influenced in
making her will, but that her mind
was such, due to her illness, that she
was not of that testamentary capacity
required by law for the rop execu-
ton Of a will.
When Miss Burnet died in Hilton she
left an estate valued at 100000, of
which $97, 900 went to various charities,
and the remainder to relatives and
friends. The attacked will was admit
ted to probate on October 81 last, thir-
teen lays after her death. Charles "
Wilson, a son of the late James Wilsol,
a first cousin of the testatriX, is the
chief figure in the attack, which is led
by Leonard Kalisch, former Judge
Alfred F. Skinner and Samuel kalisch.
Undue Influence Charged.
Lewis p. Taylor and Andrew S. Tay-
lOT Ills sui, Wtie I'LL dS eNt1QloiS,
and they and others are alleged to HAYS
exercised the undue influence COM
planned Of.
DR.. Jasper Coughlan, of this city.
told about Miss Burnet's condition
when he called upon her last August.
What did you find her physical
condition to have been?" asked Mr..
Skinner.
II found her in a very exhausted
condition." was the answer without
complete knowledge of what was going
ON about her. She seemed to nave diff
Guilty in breathing and was lying in
nearly a horizontal position. She
seemed very i'll.
did you find her suffering from any
disease" was the next question.
Yes. sir, catarrhal pneumonia.
DR.. Coughlan repeated the testimony
in part and added that his patient did
not appear to see anybody or anything
while in the condition in which he
found her.
In answer to another question by Mr.
Skinner, the physician testified that
Miss Burnet appeared to recognize
! those around her with difficulty, and
was at fault. apparently, as to the
identity OF the persons.
MumbIed IncoherentIy.
Upon his advice small doses of cham
payne were administered and oxygen
used to benefit her lungs. In his opin-
ion the use of oxygen, which had been
previously. resorted to, may have af-
fected her mind.
what was her mental condition?
asked Mr.. Skinner next.
"She did not respond readily to ques-
tions and mumbled sounds which l did
not understand. / should say that she
was in a semi-conscious condition"
John D. Anderson, of the surrogate's
office. called upon to contradict the tes-
timony of Lewis p. Taylor yesterday %
the effect that he, Mr.. Taylor, in draw
ing the will, had discarded his fountain
pen and used another, Mr.. Anderson
said that there was no detailed expla-
nation of pens when he had a talk with
Mr.. Taylor about the will and codicil.
The latter had testified to certain inter-
lineations made, but explained that this
had been done with the knowledge Of
Miss Burnet, and that, in fact, the will
was drawn in due form and executed
legally in every detail.
Mr.. Anderson added that Mr.. Taylor's
explanation about certain insertions
was that they had been made after the
body of the will had been drawn up.
The same thing was done in regard to
| the codicil and Mr.. Taylor did not eX-
plain wher he was when the changes
were made, Mr.. Anderston testified
further.
Asked whether the matter of pens
had been discussed at all, Mr.. Ander-
son answered in the negative.
Miss Rose c.. Young. of Hilton, a
trained nurse, related to the testatrix,
and who was named in her will, had
a room in her house, testified that
early last October she nursed Miss
Burnet and saw Mr.. Taylor there, as
Miss Burnet had sent for him, but as
she was indisposed he was told to call
again and bring the will with him.
Witnesses recollections as to the
length of time Mr.. Taylor stayed with
the testatrix were hazy. She knew
that he was writing. but did not know
! whether he used a fountain pen or an
ordinary one.