The Bridgeport evening farmer., 1913-11-10
NO CONSERVATOR FOR AGED COUPLE
Judge Hallen Denies Petition To Declare John And Maria
 Willis Incompetent

1 In the Probate court today Judge 1 B. F. HalIen handed down 8 decision denying the petition. for a conservator | for John w. and Maria Willis. The aged couple live in F'airview avenue in the North End and it was alleged that they were wasting their estate in gifts to grand children and in dan- ger of becoming public charges. Sew eral lengthy hearings on the petition were held in the probate court at which half of the resident of the Bethany chapel district were witness es. Judge HalIcn in his memoranda which follows, sets forth at length his reasons for denying the petition:
 This is an application for the ap-' pointment of a conservator of Maria Willis, and also an application for the appointment of a conservator of John w. Willis.
 By request of counsel for the ap- plicant and respondents, both cases were heard together. At the hearings it developed that this was wise ar rangement, as much of the evidence offered related to both respondents, and was so interwoven as to make this procedure desirable.
 The statutory test that must govern the Court in this matter is the capa- city or incapacity of the respondents to manage their affairs. The action is, of course, largely predicated on the fact that the respondents have prop erty, or right to property, or affairs of sufficient importance to call for the intervention of the Court
 This Court has carefully examined the evidence of the many witnesses who appeared and the. cases cited by counsel, and is of the opinion that the applicant has not made out a case that would justify this Court in appointing a conservator, either for Maria Willis or for John w. Willis.
 The impelling motive of the in itiation of these proceedings seems to be, in part at least, the fear that Maria. Willis will not give her property 60 her own children, or to her 1inea1 des- cendants, in an equal degree. This fear may be well grounded, but it in no wise affects her ability to manage her affairs. ,. Although a woman well advanced in years and with marked physical in frmities, she displayed, for her age, surprising mental a1ertness and keen ness in the Knowledge of her affairs. large and small, and of the objects of her bounty, and in her statement of the reasons that impelled her to pre- fer certain of her Itneals to other members of her family. Although she displayed considerable irritability on cross examination, this may be ex- p1ained by the fact that she was un- used to Court procedure, never having previously, she stated, ever been fin any kind of Court during her long life.
 Tn the case of John w Willis, it seems from the evidence that he has at present no property, nor affairs of su1Hclent importance to call for the services of a conservator. Counsel for the applicant urged that as transfers of real estate, comparatively recent, have divested him of record title to certain real estate, conservator should be appointed of John W. Willis to compel re-conyeyance. The Court is unable to take this view of the case
 The affection between these two old people, and the interest of each in the welfare of the other is strilxingly shown. It is apparent that both have nearly reached the end of their earth 1y span. It appears from the evidence that for f1fty-e eight years, both in Eng land and in this country, it has been tois pleasure and privilege to turn over practically every dollar he has earned, whether by trade or manual labor, to his wife, Maria. We meet no serious situation in the fact that title to prop erty now stands in the name of Maria C1rcumstances seem to indicate that this is as it should be and for the best interests of this aged pair.
 The application for the appoint ment of a conservator of John w. Willis, and the application for the ap- pointment of a. conservator of Maria Willis are both hereby denied.
 EDWARD F. FALLEN,
 Judge. |