Omaha daily bee., 1909-01-26
CONNOR WILL FIGHT IS ON
Girl Witness for Five Hours in
100000 Suit.
ORIGINAL TESTAMENT IS GONE
Proponents, who Are Board of Truss
tees To Establish ParochIaI schools,
Offer Copy OF Will which
Decedent Had Drawn Up.

Miss Grace Cook Common sat five hours
IN the witness chair yesterday in the first
days hearing OF the Common will case. She
Is the adopted daughter OF Joseph A. Con-
nor and one OF the principal witnesses in
the contest which involves an estate of
$500. 600.
Miss Connor was called by the propo-
nents. who are the board OF trustees named
by Conner in the copy OF the will he had
drawn up In May, 1905. this board to estab-
lish parochial schools with the bulk of
the estate. Miss Common. who Is not a
legal heir, and her aunt. Mrs. Ellen O'Con-
nor, sister of the decedent each being left
$4,000 and other sisters smaller sums.
= In the effort to break the will Miss Con-
nor's testimony is of Importance for the
respondents as we'll as the proponents and
when C.. J. Smyth had finished a lons
series of questions County Attorney Eng
lish for the allied relatives, quizzed her al
length.
what Happened to VIII Important
The case hinges about the disposition
Ccnnor made of the will drawn up for him
by Attorney Edward Duffie. This has not
turned up despite. diligent search and the
lawyers for the proponents Bishop Scan
nell and the other trustees, have offered a
@cIN ~ A' SNlot' lN 10 "a
OF law that Conner destroyed this tesla
ment and the lawyers trying to get the
copy admitted to probate will argue that II
was highly improbable that he would have
50 acted since this would have left Miss
Conner without a penny for she never was
legally adopted as his child. Miss Conner
has Joined with the sisters of the decedent
In a post norton agreement to share alike
in the estate and II the will Is broken viii
get one-fourth.
Common Expected To Recover.
The testimony swung round and round
Connor's last illness. IL was brought out
by Attorney James P. English for the rela'
tives hat Conner expected to recover and
would therefore have made another will
Also that he was left alone during hi'
Illness, which was not deemed serious by
himself or the other members Of the house
hold. and therefore could have had q
chance to destroy the missing document
Smyth on return examination developed
the fact that the intervals during which
Conner was left alone were not Longer
than twenty minutes at a time.
Conner had the will making habit ir
acute form, according to the attorneys o
the natural heirs OF the decedent anc
the development OF this fact may have ar
important bearing on the outcome OF tht
case. What p%urports to be his last viii
and testament left the bulk OF his property
10 the board OF trustees.
Five lawyers. half a dozen Immediately
Interested women and a large number Of
casual spectators occupied Sbeats wher
Constantine ]. Smyth for the proponents
made his opening address. He and Edward
II. Smith represent Bishop Scannell ant
the other trustees named in the will, al
legged TO have been left by Common.
Lawyers Out in Force.
The natural heirs had three attorneys
present, County Attorney English, Judg,
Sullivan and f. r. Maher Of Chicago, Al
unkind spectator. viewing the Elitterini
array Of legal talent, was moved TO re
mark cynically hat 1t takes a big viii
case to bring the bar out in force,
Edward Duffie. an attorney. was the frs
witness for the church's side. He drew uT
the will in question and produced the cop,
II it through which the proponents hope I,
prove their case. The original, which wal
signed IN Edwards office. Connor him
self retained. and II has utterly disap
peared. Duffy testified that the copy wa,
identical with the original and that It hac
been in his possession ever since May Is
1903, when Connor signed the other paper