Daily press. [volume] (Newport News, Va.) 1896-current, 1909-11-24

to my wife and the rest equally Ovid
ed ms wen as naming me as execu-
ter. Drawing chair close 10
the bed SO that | could hear his
words, as | am deaf in one ear slight
ly, began to take down the memo
|randa. | think Mrs. Sclater and Mr..
Phillips were then in the room. as
We'll as the nurse. After putting
down the information given. / asked
brother IL there was anything else
and Jim replied L cant think, cant
think | then left the sick room and
went to the den across the nall, where
found a pen and ink and paper.
wrote two paragraphs In the will and
returned 10 the bed room TO get .he
names of those among whom he de-
sired the property to be divided. but
Jim continued to say ne couldn't
think: he finally told me that he was
unable 10 continue his conversation
and requested me to come back IN the
afternoon. | did as requested.
Mr. Cosby.s Notes.
In the afternoon. when got to the
house Mrs. Sclater met me and told
me that Mr.. Cosby had been over and
~
which he had written down ard which
she gave to me. | thought possibly
the doctor could give brother some
thing to relieve his pain and went
over TO Mr.. Woodward's and got Mrs.
Woodward to telephone Or. Howe, at
the Dixie hospital, his condition.
The message came back that DR.. Howe
said to tell the nurse to stop giving
brother tina medicine for awhile. l
wrote the will from the data supplied
me by Mr.. Cosby and left il In the
house Friday night. Saturday morn
ing ! returned to brothers home. In
the meantime l went to the court
house TO seek information on wills.
and was greatly surprised when Mrs.
Sclater told me that brother had given
to Mr.. Cosby the information set out
in the memoranda she supplied. Mrs.
Sclater said that she didn't want to
fret brother and had gotten Mr.. Cos
by to take the notes. -rote the final
win in the dining room, using the two
paragraphs, which | had written in
the morning. / never reed the viii TO
my brother. Saturday morning. when
| again returned to the house, DR..
Howe told me that | had left Mrs.
Laura CARROTS name ou- Oh the will
and suggested that ! write a eOdicil
giving her the $500, which brother de-
sired her tc have. | did this. never
read the will to my brother or heard
!! II read in his presence, but DR.. Howe
told me he had read II TO Jim aud
that it was what Jim wanted. I did
read the codicil to brother and he
weakly said. Laura, Laura Brother
was then propped up in bed with Mr..
Cosby on one side and DR.. Howe on
the other. He took the pen and
started to sign the Will. He asked
whether he must sign himself as
James Sciater or James Sclater, Jr:,
and was advised to afIiix the junior.
He then wanted to know en- which
line he must sign. fe then signed
the will I relied absolutely upon
the statement of DR.. Howe that broth
err was capable of max:ns 4 viii and
that the viii had been read 10 him.
Mr.. Phillips. Mr. Cosby and DR.. Howe
signed the Will as witnesses.
Didn't See His Brother Again.
Mr.. Sclater added that he thought
the presence OF Mrs. Sclater In the
room at the time he first talked with
his brother prevented his brother
from giving all the information at
that time, although Jim was very
! weak. He said he never saw his
/ lrother alive after the morning he
signed the will, but had beer told that
his brother had expressed n desire to
see him. as he had something To say
to him. Mr.. Sc'ater said that at tne
time the will was signed he thought
that it was what his DrosAer desired,
hut that after the Geatb of his broth
er, reports male by Mr.. Cosby and
the action OF the widow In sending
him word that as the executor 81 the
estate. he must transact all business
fcr her with Mr. Woodward, aroused
his suspicious.
Mr.. Sclater was put through a
searching cross examination by Mr..
Meredith. but his testimony vas not
shaken in any particular
When Mr.. Sciater left the witness
stand court adjourned until this morn
| ing al 10 O'Clock