Norwich bulletin., 1914-12-19

The case of William B. EccIes' ap- peal from the probate of the will ot his brother. John Eccles. was one or those on the motion list and short calendar session before the superior court here Friday morning on the de- murrer filed by the executor, the Rhode Island Hospital Trust company, to she second reason of appeal filed by William B. Eccles.
 The second reason of appeal claims that the beuuests of upwards of $200,- 900 to the Rock Nook home for ehll- dren are invalid for the reason that , there was no corporation of that name, or corporate body corresponding to that name. The second reason further alleges that sthe will giving the bequest to the Rock Nook home was executed by John Eccles by reason of ignor- ance of facts. mistake and m1srepre- sentations and so were invalid and not his will.
 The demurrer of the Rhode Island Hospital Trust company takes the ground that even if all the facts stat ed in the second reason of appeal ara true, the will must be admitted to pro- bate, the trust company claiming that the alleged invalidity of the Rock Nook bequests cannot be tried by the court on an appeal from probate, but can only be tried by the court on another suit bringing directly into question and seeking the true meaning and
 
 self.
 The matter was argued by Arthur NJ Brown and Attorney Collins of Prevalence in support. of the demur- Ter, and by Hadlai A. Hull. with whom was William H. Shields, in support Of the second reason of appeal.
 The& controversy between the coun- sel appeared to center about the scope of the wording of the second reason ot appeal The counsel supporting the demurrer contended that the language of the second reason Of appeal only touched matters of construction of the words of the beuuests and the identity of the legatee.
 On the other hand, the counsel sup porting the second reason of appeal contended that the language of the second reason of appeal imported in validity of the Rock Nook bequests as much so as reasons ofSappeal alleging duress or undue influence, which rea- sons, it was claimed. have been in- variably held to go directly to the in- validity of a bequest and not to the i construction of the words used in giv- ing the same.
 As the case stands, if the demurrer of the Rhode Island Hospital Trust company should be sustained by the court, the position involving the Rock 1 Nook legacies will, it is conceded. arise in other proceedings that can be brought hereafter.
 If the demurrer should be overruIed, l then the second reason of appeal i stands to be heard by the court and 1 jury on a trial of the appeal from pro bate when reached in the future.
 Judge M. A. Shumway took the papers in the case and reserved his 1 decision.
 Other Matters Disposed Of.
 Other matters disposed of were the following:
 continued to the next session of court in Fanny Green vs. Abraham Bron- stein.
 Answer in two weeks or default was l ordered in Willis Austin vs. Nathaniel Bacon, and two weeks was the time given for a more particular statement I in Lucy A. Neff vs. Raymond A. Nef Motion for bonds for prosecution was denied in William K Pavey vs l Mabel E. Pavey, and an allowance o1 1 $35 to defend was ordered in two weeks.
 In James F. Fenton and others vs Fienton Building company, motion ot Bradley & Hubbard Manufacturing company to intervene was granted. Answer in two weeks to pleas in Thames River Specialties company ys I town of Montville, which is an appeal 1 from the board of relief.
 New Plaintiff Admitted. Tn NJ. N. Cartier & Son company vs. Royal Linen Mills, Inc, and others 1 the judgment was opened and the ap- | plieation was granted for substitution
 of new plaintiff, Harold F. Sherman of Worcester.
 Foreclosure on East Lyme Property. Foreclosure judgment in the sum o1 1 s4,232, with the first Monday in March l 1915; as the limit of redemption, was
 granted in Edward M. Dean vs. Frank Cheney Of Manchester and others. The l property mortgaged was a 56-acre
 tract in Old Lyme on the Neck road fronting on the Connecticut river, and including a wharf and windmill The | original note and mortgage was fol
 s5,o00 and was given on July 1, 1906 by the late Robert c. Hall The sun