Norwich bulletin. [volume] (Norwich, Conn.) 1895-2011, 1909-03-11

nah Fay warned witness and members
OF his family not to disturb the sick
woman.
Witness asked his sister THURSDAY
night If she had arranged her worldly
affairs, and she said she had made her
will. Then James Burke called witness
from room, saying that the sick woman
must not be disturbed.
Witness did not think his sister was
competent to make q will at any time
during her sickness.
On CROSS by Judge
] Sweeney, MIR. Burke said he had a sis
ter in Canada. and that she did not au-
| thoriZe witness to appear for her in
| opposition to the viii. and that he was
the only relative contesting the will.
Witness said he was indignant be-
cause the will was made without his
knowledge. and intended to contest the
VIII before contents were known, as
he did not consider his sister compe-
tent to make win during her last
| sickness.
Mary A. Burke, wife of Patrick
Burke, testified she was very intimate
with Miss Ellen Burke. Miss Burke
never said anything about making a
viii. She said she was with Miss
Burke through her sickness, but was
not permitted to spend much time in
the sick room Father Dunn came and
remained in the house all Wednesday
afternoon. She heard DR.. Pogan say
there was change for the worse and
there was no need to leave any medi-
cine. Father Dunn was in and out of
the room during the afternoon. Wit
ness left with her husband at about
six o'clock and came back at seven in
the evening. Her daughter, Mrs.
Dowd, was in the house while witness
was absent. Hannah Fay and Father
Dunn were there. Nothing was said
about the making of a will. Witness
said she never knew a will was made
until Father Dunn told her that mat
ter was settled. Noticed Miss Burke's
mind was wandering more or less after |
the Monday prior to her death. She /
said nothing about making her will.
On cross examination: Miss Burke |
told witness Tuesday that Father /
Dunn had called and that she felt /
happier. Father Dunn was there 1
again from early afternoon until ten
o'clock at night.
Miss Helen Dowd, niece Of Miss
Burke testified that when she called
Wednesday evening Father Dunn was
In the room with Miss Burke, and
Hannah Fay called witness into an adj
Joining room. She looked into the sick |
room as she passed and saw Missi
Burke, whose eyes were closed Fa-
Their Dunn came out and held CONVEX
walton with Hannah Fay. leaving her
In the small room. Hannah Fay then
told her she could see Miss Burke
Father Dunn told witness that Miss
Burke was conscious, but witness dis
agreed.
On cross examination: Witness tes-
.ified 1t was her custom to call on her
aunt about once in five weeks. Her
yisit prior toNthe Wednesday when the
will was made in January was about
Christmas time. She was shut UP in |
room soon after she made the visit, g,
md upon coming out she visited Miss
Burke and was recognized. She did J
Tot know Mr.. and Mrs. CARPENTER
Would not say Miss Burke was com
'etent to make will during her sick Z
less.
Mrs. Patrick Burke, recalled, testi-
led that Miss Burke was in no con-
lition to make a will, Wednesday,, al
hough she recognized witness on that
lay and the following.
Mrs. Dowd recalled and identified a ,
etter she had received from Miss FL
an Burke about ten years ago, show
ng that the deceased was able to ,
7rlte.
Mrs. Annie Smith. sister Of Mrs. I
)owd. and daughter of Patrick Burke, +
listed her aunt Wednesday afternoon !
S soon as she heard of her sickness.
hannah Fay told her she came too :
4
ition. Looked at Miss Burke and she \
eemed to be unconscious. Father :
,unn was there and said there was !
reat change since morning. She had | .
OF visited her aunt before for about
our months.
Mrs. Nora Lord. another sister of
)rmer witnesses, also called TO see her Q
ok aunt. Her testimony was the same q
5 that of Mrs. Smith. Witness had
allied on aunt about a year before.
Patrick Burke, recalled, testified that >
e was the only living brother of Miss n
urke and she has one sister in Can o
da. She had one brother, who left
70 children, and one sister, who
aves one daughter.
Mrs. Bridget Hughes testified that q
le lived in Westerly So years, and was Y
timate with Miss Burke. On the | j.
~ Miss Burke died witness called
! her snd was readily recognized.
Mrs. Mary M. Michler testified she y
as a resident Of Braintree. Mass, and Y
lew Miss Mary Burke and had seen u
'th Miss Burke and Miss Hannah Fay u
Cambridge. Mass. She had asked -
ISIS Burke If she had made a will and | q
'ged her to have her will executed.
illness is a stenographer in a Boston
Wyers office. Miss Burke had told
illness that it was her intention to
We the house to Hannah Fay, who is
cond cousin of witness.
Mr.. Carpenter recalled and testified
at Miss Burke recognized him every
" during her sickness. She made | =
reference to the will after it was
.ecuted
James W. Burke. a nephew of Miss
len Burke, testified the deceased was
years OF age. The witness was one
the executors under the will and
stineo that Miss Burke had deposit
IN the Cambridge bank $1,000, in
bank S40.71, in Indus
ial Trust company, Westerly, $6O.49.
total OF $1,1O1.20. and also the house
ID lot in Cross street, which is taxed r
r $1,000 Witness had cared for the -
operty OF his aunt for several years. II
Is aunt talked freely with him on II
lesday and Wednesday. but o'clock
at night she had sinking spell. oee
It revived and became cheerful be- ~ ~
re midnight. Would say that on du
she was thoroughly cana re,
or making her will and was in good 1t
ndition mentally. Witness said he PHI
ew nothing Of the existence of a will r ~,
I'll after her death and that he did IN,
{ in any way influence Miss Burke to
the disposition of her propertv Am
me time before her death she said or
wanted witness to go with her ba
len weather became settled. to Cam no
idge, as she desired to make her will. c cp
SIS Burke and Hannah Fay have
ed together many years. an
patrick Burke, recalled, testified Miss an
rke had told him that she was sick int
d tired of Hannah Fay and that she
8 becoming a burden. No one else ~.
8 present, but could not tell whether ~
, talk was on Sunday or some other for
Y.
Mrs. Patrick Burke said she had soc
ard Miss Burke say that her heart att
8 broken with Hannah Fay and