Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1913-04-17
COURT SETS ASIDE
PROBATE OF WILL
Charge of Undue Influence En-.
ployed by Mrs. Tunison's
Son Is Upheld.

In a decision handed down in Or
phans' Court today. Judge Osborne
sets aside the probate Of the last will
of Mrs. Elizabeth w Tunison, who
died December 81. 1911. being then SO.
The Will was drawn on June 26, 1908
and admitted to probate on March ],
1911. an appeal from It's admission
being at once taken by legatees who
alleged that Clarence Tun1son. son
and chief beneficiary. had used undue
influence.
This view is upheld by Judge Os-
borne. who orders the will set aside,
With the result that a will dated
February 10. 1906. will be offered to
probate in its stead.
Mrs. Tunison was the WIFI of a
Methodist minister. who died ON April
&, 1888, leaving an estate of value.
Re left a will in which he devised
all of his property, both real and
personal. to his wife to be held by
her according to her pleasure, with
the proviso that in the event of there
being any residue at her death which
had not been used or disposed of by
her It should be equally divided
among the Eve children, charging
Benjamin c. Tnnison. son. with GER
tain advances made to him during
the lifetime of his father.
At the time OF the fathers death
fye children were living-Ella T. Sar-
gent, William r. Tunison Benjamin
G. Tunison. Clarence Tunison and
Affaa rrftnfHnfa dfpH in
1909. leaving four children to partici-
pate in the estate.
On February 10, 1906. Mrs. Tunison
executed O. win dividing her estate
among the children, charging Ben
1amin C. Tunison with $4,000 adj
vanced to him. The effect of the 1906
will was to carry out the wishes of
the deceased husband.
On March 10, 1905 Mrs. Tunison
executed to- Clarence Tunison assign
ments of mortgages amounting to
$500. and on December 10, 1909. gave
Clarence deed for property in Gin
ton street, East Orange. where he
lived with his mother, the considera-
ton named being 81. This deed was
not recorded until February 2S. 1911,
about month after the death of the
mother and one day before the will
was offered for probate On January
as, 1910, Mrs Tunison gave Clarence
Tunison a bill of gale for practically
all of the personal property contained
in the Clinton street home. This bill
of sale was never recorded.
son Gave Up Affairs.
Mrs. Tunison had been a woman
al
handled I'LL the affairs OF her hus-
bands estate and her own property
until January. 1907, when she was
taken ILL., Clarence Tunison then
,xave up his business and remained at
home to care for his mother.
About the middle OF January, 1910,
saslarence Tunison. says Judge Os-
,borne in his decision, commenced to
'sign checks and transact all other
business for his mother. About that
time Mrs Tunison commenced to suf-
fer from lapse of memory and was
go enfeebled from age that 1t was
necessary for n nurse to be always
with her. y SSN&
After calling attention to the fact
Iahat Mrs. Tunison's health had be-
come impaired and that II was ques-
tionable whether she had mental ca
pacity to direct the drawing of an
other will, Judge Osborne recites the
fact that in June, 1908. the will was
drawn by Francis A.. Mott, and
was signed by Mrs. Tunison ON June
2s, 1908. Mr.. Mott testified that this
will was drawn from memorandum
given him by Clarence Tunison, who
had first been told by Mr.. Tunison
that his mother wished to draw a
will during casual meeting on a
street car and later called at his office
and gave him information as to draw
ing Of the will.
When the will was completed, Mr..
Mott testified during the hearings OF
the appeal he took 1t to the home of
Mrs Tunison and had her sign 1t. He
said that Mrs. Tunison seemed well,
but that she looked to her son Clar-
ence for instruction as to answers to
oil questions.
Judge Osborne's Observations.
Judge Osborne points out that Mr..
Mott is a member of the bar and of
an excellent reputation, and calls at
tention to the fact that Clarence