The Newark star and Newark advertiser. [volume] (Newark, N.J.) 1909-1909, 1909-06-04
Contest to Break New
arker'S Testament in
Orphans Court.
TESTATOR SAID TO HAVE
BEEN OF UNSOUND MIND
Galaxy of Legal Talent Arrayed
in What Promises to Be
a Long Battle.

Contest over the will of James R.
Sayre, the lime and cement man, who
left an estate valued at s2,000,000, Of
which $s70,o00 goes TO public and char
table institutions, was begun before
Judge Davis, in the Orphans Court,
today, when the first testimony was
given by James c. Macdonald, law
yer, who swore to the genuineness of
the signature of the restator and that
: OF his witnesses, Edward NJ. Dobbins,
secretary and treasurer Of the Mutual
BENEFIT Life Insurance Company; Henry
M. Tunis, cashier of the National New
ark Banking Company. and the late
DR.. Frederick b. Vaudeville.
Mr.. Macdonald swore that the docu-
ment was duly signed in the presence
6of the testator and the three witnesses
in a room in the Mutual Life building.
At various times, he added, Mr.. Sayre
asked that certain sections of the will
be reread so as to see that they were
right. Witness said he heard every
word that was said.
Edward M. Cole represents the ex-
ecutors, David H. Merritt. president of
the National Newark Banking Com
pany; James 8. Higbie, manager of the
business Of the testator, and James T.
Dusenberry, treasurer of the Public
Service Corporation.
Edward @. Keasbey appears for the
appellant Mrs. Annie Higbie Marvin,
of Elizabeth a grand-niece of the tes-
tator.
In the appeal 1t Is charged that Mr..
Sevre was of unsound mind at the time
he executed the will, August Is, 1908;
that undue influence was used to keep
the appellant from receiving bequest,
and that the witnesses were not present
at the same time. It was on the latter
point that Mr. Macdonald chiefly gave
his testimony.
The German Theological Seminary of
Bloomfield received $4,000 under the
terms of the will, and Andrew S. Tay-
lor, representing the institution. re-
Gently opposed Mr. Keasbey's app1ica-
ton petition of appeal. while the other
charitable institutions We're likewise
represented BY counsel.
There are no less than dozen coun-
sci ''in it," including John D. Bigelow,
Henry H. Dawson, Frederick r. Pilch,
Ralph E. Lum, John A. Miller, Freder-
lex T. johnson and John Montieth.
Mr.. Macdonald testified that he had
known Mr. Sayre since 1858, and that
the latter was nearly 80 years old and
was almost blind. Witness was sure that
the will was read to Mr. Sayre several
times and that he appeared to be well
able to understand its contents.
Describes VIII Signing.
Mr. Dobbins, who is a member of the
bar, besides being an official of the
Mutual Benefit Company followed Mr..
Macdonald in telling about the signing
of the will. He saw all the signatures
made, he testified.
When Mr.. Collie asked the witness as
to the condition of Mr.. Sayre's mind at
that time Mr.. Dobbins said en-
phatically:
"His mind was as clear and strong
on the day he signed the will as 1t ever
was. My impression was that he was a
man of strong mind and ready to as
sert 1t"
Donald Macmillan, Of the medical de-
partment of the company. a relative by
marriage of the testator, next swore
that 1t was he who read the will before
It was signed and identified 1t in court.
He, too, testified that Mr.. Sayre de-
rlared the document to be his last will
and afterward had the witnesses <ign
IT,