New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-06-11
SEEK SHARE Of 100000
ESTATE OF J.C. MARTIN
Contestants Try to Show He
Was UnSOund in Mind When
He Made His will.
INVESTIGATE AUTO RIDE
Contend Testator's Naming a
Comparative Stranger as
Executor Was Not a
Rational Act.

The trial Of the contest over the viii
Of John Calvin Martin. who left an estate
valued at $4,000. was resumed I'm the sur
rogates' Court yesterday with Colonel
John II. Bartlett, a lawyer Of Ports
mouth, y. H.. who drew up the contested
will on the stand. Colonel Bartlett is
named as executor, and the contestants
are trying TO show that the action Of the
testator in making a comparative stranger
the executor OF his will was not a rational
act.
Surrogate Fowler announced during the
day that in Judging the case he would
bear in mind that Mr.. Martin, whose wife
was dead when he made the alleged in
valid VIII had no children; that he had
been entertained at the home OF Colonel
Bartlett, and that it was not unnatural
that he should consider him IN kindly
way. The Surrogate indicated. however
that he had no intention TO judge the case
at the present time
Colonel Bartlett told Of his various eX-
| periences with Mr. Martin and through all
/ he was sure the testator acted nationally
and coherently. Counsel for the con
testants asked the witness about some
! happenings in 1912 on August , OF that
/ year. Mr.. Martin. his sister. Mrs. Alice
Barrett; Colonel Bartlett and his young
son took an automobile trip. The boy
/ ,lo
who kept him entertained with war
stories while the lawyer and Mrs Bar
! rett occupied the seats In the tonneau.
! Colonel Bartlett said that on that trip
! the testator was quiet. rational agreeable
ana enjoyed the ride
/ Returning from the ride. said Colonel
| Bartlett. Mr.. Martin asked him what Mrs.
Barrett had told him. The witness told
| him that she had told Of a nervous break
down that he had suffered and Of one or
more occasions when Mr.. Martin had been
committed to sanatoriums as insane. Mr.
Martin said he suspected that his sister
had referred TO these things and he was
annoyed that she should tell people about
them. Then Mr.. Martin told the witness
that he realized his nervousness, but said
that he had great business affairs to ham
die and was in the habit Of rushing, but
that he felt all right
Counsel then asked Colonel Bartlett how
I Mr. Martin had come TO make him, a
/ stranger. executor of his will. The wit
ness refused to tell about this because It
would divulge the relations OF client and
attorney. and Surrogate Fowler decided
that the conversation was privileged. IL
was proved that the relation OF counsel
and client still continued on that day. for
Mr. Martin sent to Colonel Bartlett A
check for SlOo Surrogate Fowler said II
was an obnoxious rule but he would have
20 invoke II. and save the witness from
the necessity OF answering. The witness
did say that the testator insisted on his
taking the slDo check, for he believed the
LAWYER had not charged him enough. Mr..
| Martin wrote In the letter accompanying
| the check: III I have a sound and dis
| posing mind. YOU are bound 10 receive IL:
II my MIND is unsound and beyond control,
II is your bouudcn duty to put me where
I can Go 10 harm TO myself and others