The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1913-02-11
Court.

Thursday, began the second trial of the
suit of Mrs. Matilda P. Foulks VS.. Griffith
w. Lewis and Robert s. Gaskill, admin
istrators of the estate of Schuyler Rain
Ter, deceased, of Florence, who sought to
recover compensation for services rendered
her uncle during the latter years of bis
life
The plaintiff was represented by Davis
g. Davis. Prosecutor Atkinson and V.
Claude Palmer appeared for the admins
traitors
The first trial of this cause took place
last fall, when the jury gave Mrs. Foulks
a verdict for $13, 200, which the court set
aside as being excessive, as the claim only
covered a period of about eight years.
The plaintiff is the wife of William
Foulks, and daughter of Thomas Rain
fer. The latter is a brother of Schuyler
Rainier, and up to the time of his death
the two men had not spoken to each other
for twenty-five years. The fact that her
father is living. bars Matilda from receiv-
ing any portion of the property under the
interstate laws, as no valid will was ever
found.
James M. Davis opened the case with a
surprise for the defendants. the suit being
prosecuted on different claims from these
of the former trial He told how Matilda
had been installed In the Rainier home as
housekeeper. Sarah, the wife of Schuy-
Ter Rainier, was taken i'll. Matilda, then
about twelve years old. was taken out of
school to nurse her aunt Schuyler then
agreed that if she would remain with
them as a daughter, he would repay her
at the time of his death. Matilda agreed
to this arrangement with the consent of
her parents. "We shall show" said
counsel, that there was a specific agree
ment to this effect, and shall ask ver-
dict at your hands based ON the value of
the personal estate of Schuyler Rainier,
which is recorded as being appraised at
$S3. 346 So"
Mrs. Foulks testified that she went
there at the suggestion of Sarah A Rain
Ter and lived with them for eight years
Schuyler agreed that if she would remain
he would leave her his personal property,
as he wanted his real estate to go else
where.
Mrs. Charles G. Stokes, of Philadelphia,
occasionally visited her uncle and aunt,
and at the house she saw Matilda, who
did the cooking, washing, ironing, sweep
in oh mi
and many other things that was the work
of man. She also saw Matilda picking
vegetables and marketing them through
town. In 1901 witness was sent for to
nurse Mrs Rainier, as Matilda was too
busy to attend to her other work Schuyler
said that Matilda did so much work that
he could not get along without her. He
could not do anything for her then, but
he would amply pay her later on by max
ing her the residuary legatee of his will.
On cross-examination Mr.. Palmer asked
the witness: AT the former trial didn't
you say to Susan Rainier that you would
do anything or say anything to help
Matilda get the money!" Il wouldn't do
anything like that, replied Mrs. Stokes.
II am interested in Mrs. Foulks and
would do anything for her that is right l
have no interest in the case other than
friendship.
Slack & Sons, updertakers of Burling-
ton, testified that Matilda was the acting
woman in charge at the burial of sarah
Rainier.
A. f. Bradley, of Mount Holly, became
acquainted with Matilda by visiting the
Rainier home. He saw Matilda doing
housework there. Saw her take vegetables
to market and nurse Mrs. Rainier, who
was suffering from rheumatism. Witness
spent one evening at the house, He
heard Schuyler say that Matilda was tax
ing the place of daughter. She had
been extra good to them, and that some
day they expected to give her daughters
reward.
Mrs. Huston, of Sharon, Pa, niece of
Sarah Rainier, visited the home every
summer. She saw Matilda do ell the work
about the house that developed upon the
woman In charge.
Mrs. Sarah Marter. living on a farm
near the Rainier homestead, testified that
while Schuyler was at her house two years
before his death, he said he was prepared
to go and had his pack all ready. and that
after his death Matilda wouldn't have to
do as she had been doing. He made ref
erence of his intention to leave her well
fixed and always spoke in her favor.
Minnie Hustled, of Florence, was at the
Rainier home only once, and the plaintiff
was then In charge. Witness heard
Schuyler say: Nov Sarah is gone Matilda
is all have left in the world and l want
her to have all Eye got.
Mrs. Charles Nichols, of Florence,
heard Schuyler say at the home of Ma
tilda: "I'll tend to her well for the work
she is doing"
Samuel S. Fort. of Wrightstown, saw
Matilda at the Rainier home for five years
when she was housekeeper. While she
was picking lima beans, Rainier said to
witness, Matilda sells my produce and
expect to provide for her.
Joseph Simpkins, Florence township
farmer, heard Rainier say he would fix
Matilda all right when he was dead.
At the beginning of the afternoon ses-
sion there was a private consultation of
the lawyers connected with the case, after
which it was given out that the plaintiff
had rejected an offer of $1,000, which the
defence named as an equitable basis of
settlement.
The case was then continued with Pro
lessor Maia Mathis, school superintendent
of Florence, as the first witness. He
knew all the parties concerned. and while
at Mrs. Foulks' home, heard Schuyler say
that he considered the plaintiff his daugh-
ter and would leave her we'll fixed some
day.
Mr.. Palmer then began to make motions
to have the testimony of certain witnesse:
stricken from the record, as it did moi
tend to show an expressed contract be
tween Rainier and Matilda. All sucl
motions were denied.
John Adams, of Florence, was at th'
: Foulks home one evening, and as Matildi
came down stairs Rainier remarked
"There is a woman that works too hard