Montour American. (Danville, Pa.) 1866-1920, 1910-06-30


Hardman in this case and can give q
reason for this singular instrument
Joel Hardman knew his son Peter to
be prodigate and unfit to take care of
the property he tJoeD had been life
time accumulating. He therefore in
tended by the will to encourage his
daughter Frances to marry with q
view to transmitting it in the female
line. Peter Hardman is considerably
older than his half sister and at their
fathers death took possession of his
papers, including the will My client
does not appear to have been inform.
ed Of its contents; indeed. she was but
fourteen when her father died and
fell under the care of her brother. 1t
was only yesterday that she was in.
formed that today, three days after
the expiration of the limit of time al
brother was about to claim the in
heritance. She petitions that. In view
OF this want of knowledge of the re.
quirements Of the will, the time be eX.
tended"
"Do understand" asked the judge.
that Peter Hardman Is charged with
having used fraud to secure the prop
erty?"
DOUBTLESS fraud has been practiced,
but since it would be difficult to prove
fraud no such charge enters formally
into this suit"
"Then the will must stand as 1t is.
The court has no power to alter it by
extending the time allowed Frances
uardman to marry. understand that
to fulfill its conditions your client
should have been married by noon Of
the 9th. and this is the Sth"
at is true that the will enioins upon
my client that she shall marry on or
before the day that she is twenty
years old. or the 9th of May, but
have examined the Will and have
found that by codici she has been
allowed three days grace. In other
words. the time Is extended to this
day, the Sth of May at - noon. 1t
is now H. An hour. your honor will
admit. is too short for any woman to
select husband"
"Thcr" l. nu such c6dicil in the will,
your Nu'"r.' i,IrgpuSrd the opposing
couns'. ". I.rr cE1m:",G it careful
ly and have ur""r ~rcD T.
The Will WIS lruGurrl ana in an
inconspiruous rh.r it was found.
written in ~mau hand, ana was
what Frances attorney claimed it to
be. Peter Ilardmun, who had evident
ly failed to find it. moved uneasily in
his seat Then he looked mt the clock
and seemed TO take courage.
During this legal debate Emery Hale,
a young lawyer student. who was at
tending court in pursuance of his
studies. sat on one of the outside
benches. His attention was fixed upon
the singular position Of the legatees
and especially one of them. Frances
Hardman. who was in court. Young
Hale marked the contrast between her
and her half brother. Peter Hardman
bore the stamp of dissipation. Frances
would have served as n model for n
Madonna. She appeared to the young
lawyer to be just the person to be
hNluuleu ny HtI IitoiiSdte DIOlHcl'
Hale was interested in the case both
as matter of Jurisprudence and as a
matter of sympathy with the girl. ID
an hour 100000 would pass from her
to her undeserving brother. How
could the matter be STAYED Off? Sud
denly a resolution took possession of
him. He would claim the girl as his
wife. The court must give him time
to prove his marriage with Frances
Hardman 1t was but subterfuge
and would not fulfill the conditions
of the will because he was not, as he
proposed to claim, the husband of the
legatee. But 1t would delay handing
the property over to Peter Hardman
and might give opportunity for a com
promise. Rising, in clear, firm voice
he said:
"Your honor, l claim Frances Hard
man for my wife"