Middlebury register. (Middlebury, Vt.) 1886-1937, 1912-08-23
ADDISON COUNTY COURT.
Columbus Smith Will Case Re
manded to Probate Court.

manded to Probate Court.
After recess lasting since Thursday,
July 26, the County Court re-convened
at 2 o'clock on Tuesday afternoon, with
Hon. Frank L. Fish of Vergennes
presiding.
The first case taken up, and the last
one for the term, was that entitled In
re will of Columbus Smith, Anna M.
Perry appellant. Mrs. Perry was a
niece of the late Columbus Smith of
West Salisbury, who at his death few
years ago, was rated to be worth well
over a million in real estate, securities
and bank accounts. She considered her
self i'll used by her uncle in his will and
hence took an appeal from the judg-
ment of the probate court, in an effort
to break the will and so have the estate
distributed according to the general
statute concerning the estate of intes-
tates. Mrs. Perry'is now resident of
Gardiner, Mass.
1t was sought to break the will on the
grounds of mental incompetency of the
testator at the time it was executed
and under influence exerted upon him,
and a hard and lengthy legal battle
was looked for. An able array of law
yers was engaged in the case, including
H. w. Blake of Gardiner, Mass, ]. P.
Carney of Bennington, Thomas W.
Moloney of Rutland and Rufus E.
Brown of Burlington for Mrs. Perry,
and H. H. Powers of Morrisville, P. W.
Meldon of Rutland and w. B. c. Stick
ney of Bethel for the upholders of the
validity of the will.
Immediately after the case was called
Mr.. Moloney offered a motion that the
case be dismissed, and the court retired
to chambers to hear argument on the
motion. The ground of the motion was
that the late William H. Bliss of Mid
dlebury had, as judge of probate, passed
upon the validity of will which, as a
lawyer, he had himself drawn up, which
is contrary to a statute provision; and
hence it was maintained that Judge
Bliss court was without jurisdiction.
The motion was argued in the affirma-
tive by Mr.. Moloney and:Mr. Blake and
in the negative by Mr.. Stickney. After
an hour and a half of argument the
motion was sustained.
This means of course that the work of
probating the document will have to be
all gone through with again just the
same as though the will never yet had
been offered for probate; and the next
hearing in the matter will he held in
Judge C. l. Buttons court.
When this matter had been disposed
of and it was found that there was no
jury case standing for trial, the jurors
were all excused for the term and paid
off by Clerk Wainwright.
No other business was taken up dur
ing the afternoon, and the court came
on at 10 o'clock Wednesday morning for
the wind-up. Several entries were
made in cases of minor Importance.
The case of State VS.. Carroll McMas-
ter of Middlebury, who in the early part
of the term pleaded guilty to an inform
tion charging him with breaking win
dows in railroad car and who was SEN
fenced to pass the remainder of his
minority in the State Industrial school
at Vergennes was taken up. This sem
tence was annulled and the youth, now
II years of age, was sentenced to serve
not less than two years nor more than
three years at hard labor in the house
of correction in Rutland. This sentence
was, however, suspended, and young
McMaster was put in charge of Proba-
tion Officer Olin A. Smith.
This was the finish and at 1885
O'Clock Sheriff Smith, under direction
of Judge Fish, declared the June term
of the Addison County court adjourned
without day.