The Detroit times., 1911-04-28
F|NNEY WILL IS
DENIED PROBATE
Judge Durfee Brings Hearing To An
Abrupt Close By Granting Contest
ants Motion To Deny Petition.
When the REORGANIZATION of Hen.

When the cross-examination OF Hen
ry w. Coleman. Jr., was concluded
before Judge Durfee In the probate
court, Thursday afternoon, In the
Sarah Finney will case, Attor-
ney Ormond f. Hunt. for the contes-
tants. Jared w and James II. Finney,
brothers OF the testatrlx. made mo-
ton TO have the petition for probate
denied. He drew the attention OF the
court TO the answer OF the contest
tants to the petition, filed with the
probate court some days ago.
In this answer the contestants rep
resented that Miss Finney was men
tally incompetent when she made the
VIII. and that undue influence had
been brought to bear on her to in
duce her to make the Will, through a
conspiracy In which DR.. A. W. Imrie.
named as reslduary legatee in the
will and the members OF his family
and Or George w. Orchard, veterin-
arian, OF Windsor, were alleged TO
have figured
Judge Durfee granted the motion
without hesitation. He made no com
ment.
The attorneys for the petitioner
James Pound and Allan II. Frazer
and Or Imrie himself were taken b.
surprise by MIR Hunts action, and
they appeared dumb-founded for a
minute or two, frey witt appeal from
the decision OF Judge Durffee.
II the will had been allowed TO be
probated, DR. lmrie would have come
in for about 100000 Dr. Orchard was
left 500 by Miss Finney
The refusal -of Judge Durfee 10 ad.
NIT the will 10 probate establishes the
relatives OF Miss Finney as the legal
heirs To her estates they are now
at liberty TO apply FOR the appoint
ment OF an administrators.
James II. Finney was the first wit
ness called by Mr. Pound when the
hearing was started. Thursday morn.
ing
Mr.. Hunt objected TO the form or
procedure, contending that Witnesses
TO prove the making OF the will be
produced first.
The court overruled the objection
and ordered Mr. Hunt to sit down
when he continued TO object.
Mr.. Finney was merely questioned
regarding mis- acquaintance with Miss
Finney, his sister He told OF her
age. IS, and OF her death, Jan. "a
1911.
William Webb testified as 70 Wit
Messing the viii la March, 1908. Asked
regarding the condition OF Miss. Fin
ney at the time he witnessed the
will. he said he didn't think ii was
very clear; that she appeared TO have
been drinking.
Didn't See viii Signed.
Cross-examined by Mr.. Hunt. Mr..
Webb said he boarded at No. $50
Cass-ave., opposite the home OF Miss
Finney, where he had lived for II
years Miss Finney also boarded
there, coming there about 10 years
ago and remaining until March OF
last year. He said he didn't SEQ Miss
F'inney sign the will. but identified a
signature attached to the Will as hers.
He said he went TO Miss Finney's
home TO witness the will at the re-
quest OF Miss Maude Hester, his
landlady. When be arrived in the
Finney house, Or. Imrie opened the
door for him. he said, and said that
Miss Finney wished him to witness
her will
DIR. Imrie introduced him 70 the VII.
ness. according to the letter. Mr.
Webb said Mr. Coleman was al.
so present The witness said DR. I'M
rie showed him where TO attach his
signature TO the will Mr. Coleman
also signed the will as a witness.
Miss Finney never told the witness
that the paper he signed was her
Will. but he said she asked him II
II was her signature that was attach.
ed to the will The witness examined
the signature and said II was hers.
He knew Sarah Finney we'll, and wa.
also acquainted with DR. Tmrie He
had seen the doctor call at the Fin.
ney home as often as twice a day
during the six or eight years prior
TO her death The doctor would gen
orally stay a half hour or an hour.
Talked Of Or. Imrie.
Asked the subject of Miss Finney's
talk at the boarding house, witness
said IL was largely concerning DR..
Imrie, his thoughts, wishes and pleas
ures
Did you notice the condition or
Miss Finneys mind a year before
you Witnessed tue VIII Ni' huhI
asked Mr.. Webb.
She was under the influence Of
liquor much of the time and was a
sort OF laughing stock in the board
ing house" Mr. Webb replied.
The witness said he had advised
Miss Finney TO drop DR.. lmrie. tell
ing her that she would be better
without him. She replied that she
couldn't do without the DOCTOR"
that she must have him, the witness
stated. II was impossible 10 get her
mind off tho doctor he added in re-