Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1912-01-25
CALL PASTOR
IN TUNISON
WILL CASE
Rev. Fred c. Baldwin Says Aged
WOman's Mind Was
Clear.

The Tunison will contest was re-
sumed this morning before Judge Har-
~ v. Osborne, with William 81. Tuni-
son. a son of the testatrix, an executor
of and q beneficiary under the con-
tested will. Upon the stand.
BENJAMIN Tunison, a Pittsburg law
year, is seeking to have the document
inyalidated on the grounds OF undue
influence by his brother Clarence, who
ooh care of his mother during her last
illness at her home in East Orange.
After testifying regarding his rels-
tions to the rest of the family, with
whom there had been o misunder-
standing, the witness, William Tuni
ON, who is holding neutral ground in
the suit, vas asked by t1e defense:
You are sctllate6 here seiAiS by a
feeling Of brctnerly lc9e nd kind
ness?'
Yes. il you cara to ea1l it tixst."
You hsve said that your mother did
not have testsmentary capacity at the
tiine she made the Will and yet you
have qualified an an executor and al
lowed the will to be probated, have
you not?'
"I said that l was wiling to have my
mother d. anything Of which she knew
the import"
Mrs. William Tunison, wife of the
preceding witness, of East Orange,
then TOOL the stand and told of her
mother-in-law's condition during the
last four years of her life.
She vas not able to walk we'll, was
very leaf and up to her death in June.
1903, her mind was very clear" stated
the witness.
Were you ever able to sac Mrs..
Tunison alone"
NO. Clarence was always there, sit
ting reading d newspaper"
Were you speaking terms with
Clarence at hal tirne?'
NO, I otter spoke to him, but never
received any reply"
Further testimony was given by Mrs.
Tunison, which showed that her visits
were not welcome and that hts mother
was conscious Of and deprecated his
attitude.
AT the conclusion of Mrs. Tunison's
testimony the appellants Ease was
rested and Rev. Fred G. Baldwin, pas
tor of Calvary N. r.. Church, East Or
ang was called for the respondent.
Were you acquainted with Elizabeth
w. Tunison during the last years of
her life" asked Judge Hunt.
Il was. and ] called upon her fire.
quently, especially during her periods
Of especial illness, as she waS one Of
my pensioners"
In those conversations did she talk
as a rational person would do on ordi-
nary topics?"
yes"
did you consider her as of sound
mental capscity?"
Eyes"
Did you observe relations between
Clarence and his mother? Were they
cordial?"
They certainly were cordial anC
there was absolutely nothing to indi-
cate any friction"
Testifying along similar lines to the
establishment OF the testamentary ca
pacity Of the decedent, Mrs. Mary a.
Craig. of Newark, old of frequent
visits upon Mrs. Tunison during her
last ysaFs, and when asked by judge
Hunt. From your associations with
Mrs. Tunison and yotr lions
with her. what can you say about the
olearress of her mind" she replied:
"It was very clear"
DID she ever speak of her relations
with her son Clarence? Were they
pleasant or otherwise"
They we're always very pleasant"
Did she yer say anything about
her other sons
She said thai her son William did
not seem very devoted to her, but
seemed unwilling to make II refer
ence to Benjamin"