The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1909-03-30

ANY influence. restraint. threats or
intimidation brought to bear on a tes-
tator which he has not the strength
of mind to resist. if exercised SO as to
coerce him against his desires and pur-
pose, into the making OF his will. or
any OF its provisions. is undue influ.
ence within the meaning OF the law"
The above sentq1ee was incorporat-
ed in the instructions to the jury in
the case of Flemming VS.. Dickinson
Trust Company. by Judge Fox Of the
Wayne circuit court this morning The
judge dealt In particular upon the SUBJ
ject of undue influence as referred to
in legal application. II was charged
i'm the complaint. that the will of the
late Prof. Cyrus Hodgin was "unduly
executed" The court referred to this
expression and delineated upon II.
Jury Quite Restless.
Argument in the case occupied the
attention of the court and jury
throughout yesterday. The jury shows
the effect of fits long siege Of more
than two weeks and appears restless.
1t will be glad when this term of court
ends. as 1t has been called upon for an
unusually large number of days of SER
vice.
The case was put before the jury at
about noon today. T. J. Study COM
pleted the argument for the defense.
He spoke for two hours. and 4 great
deal OF his time was devoted to ridi-
culing Charles Flemming. husband OF
Laura Flemming, the plaintiff in the
case. Mr.. Study charged repeatedly
that Flemming was the instigator of
the suit. Flemming is a railroad engi-
neer and for this reason. Mr.. Study
referred to him repeatedly as this iron
horse husband The attorney advanc-
the case has no right to contest It as
she is not an heir. He argued only
heirs are entitled to attempt to prevent
the probate of will.
He 10 Not Hen-peeked.
In loud voice. the attorney declaH-
ed the plaintiff in the case is under the
domination of iron horse husband. He
asserted the Flemming family had been
living off Prof. Hodgin for months be-
fore his DEATH He spoke OF Prof.
Hodgin as a Quaker and declared this
denomination to be frugal and econom-
ical He referred to the love express
ed for Prof Hodgin's daughter. who
afterward became F1emming's wife.
when the latter wrote the professor
and told him he was earning from $1sp
to $225 per month as an engineer. He
said Prof. Hodgin well understood the
writer had not been saving his money
and thought probably he needed soma
body to take care of him.
Charge Made by Study.
Mr. Study asserted the husband ha0
been responsible for the sale of an 1GsD
acre Kansas farm. by his wife in order
to obtain money with which TO contest
the will of her father. When J. r.
Robbins. counsel for the plaintiff. in
terrupted and offered an explanation.
Mr. Study said: You might as well
talk to the stars as to try to talk to
me about that ! know what I talk
about The speaker asserted the
proceedings had been brought under
compulsion- who did it," he asked.
dramatically and. turning toward
F1emming. shook his finger in his d.
rection He declared his belief F7em-
ming does not think much more OF his
wife than he does some other woman.
Il think he's after the money. and
she'd better look little out" he ex-
claimed.
The paragraph Of the courts instruc-
tions relating to undue influence in
the execution OF wills. which Is of gen.
eral interest, follows:
Charges Of the Court.
Another reason assigned by the con-
testant In this case why the written In
strument propounded is not the last
will and testament of Cyrus w H0dx-
in. is that IL was -unduly executed"
The meaning of term -undu1y execuf-
ed has been heretofore explained.
Among other things IL includes what In
Law b known as undue influence R
Ithe execution OF the Will Is procured
By undue influence IL n unduly exc
cuted and invalid. Under the issues
| in this case and the evidence that has
been introduced in support Thereof. the