The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1916-04-14

10 get the paper into the record"
Mr.. Howard: 1T ought TO be here.
Is my plea, that a reviewing cours
might have IT,"
Judge Hervey: Il don't believe that
the court Is called upon to direct the
production of the paper az this time"
Mr. Hubbard demanded that sum
mons issue for Clerk ]. H. Wells, who
has the contract in his possession and
to this demand the proponents object
ed and were sustained.
Mr.. Albright Is Called.
Mr. Leslie Albright. stepfather OF
the contestant. also her guardian ad
litem. who brings suit for her, was
next called by the contestants. He
testified as TO visits of Col. Schmul-
bach 10 the home of the Teller family
IN st. Marys in the year 1912.
What was the occasion for his be-
ing there. Mr.. Albright. IL you know"
asked Mr.. Ritz.
He came down 20 see Mr.. Teller"
Did he arrange 10 go away with
him."
He did later. but | was not there
at the time
"On one occasion did you hear him
} talk TO Anna Mary Feller?"
Yes. sir. he took her on his knee
and said that she was a bright child"
THAT was in March. 1872"
Yes, sir
His next trip was in September
Yes. sir"
him say with reference to his will?"
Well. he said he was going 10 re-
member Mary"
/ ssFTa1I pox., h,yr sha,
! He said he was going home TO
change his will"
| When was that. Mr.. Albright"
That was in March"
can you recall presents he made
to Mary"
! Yes. sir. \ dress. another time a
skirt, and always at Christmas and on
her birthdays he remembered her ex-
cept in 1915"
Contestant Rests Case.
When was it that George Feller
died?"
In July. 1913"
J You say Col Schmulbach wasn't
down after George Feller died."
After he died | wasn't there"
| When did you marry Mrs. Feller?"
In July. 1915"
The contestants offered TO recall
Attorney J. =. Arbenz to identify two
| wills II was agreed that the papers
! produced by Mr.. Hubbard were cor
rect copies. They we're read to the
jury
The will OF November IL. 1912. read
| by Mr.. Howard provided the following
requests; To intended wife, Pauline
! Bertschy. as previously agreed. 200
shares OF German bank stock, city
| home. country summer home; James
Nicholl. $1,000. Carl Heller. $4,000;
Catherine Heller. $1,000: II. S. Boyce.
$1,000; Jacob Steurnagle. $4,000
! Mary Mason. $1,000: II. 5. Hofreuter
! $1,000: Bertha Wager, $4,000: Marie
and Henrietta Taylor. $25. 900 each: 10
John p Arbenz for seven churches.
100000; st. Joseph's Cathedral and
st. Alphonsus' were beQueathed
$500 each
I Permission was granted the execu.
tors TO sell 100 shares OF German bank
/, stock TO Louis Bertschy az 500 per
share. To A. r. Marschner. +. L.
Wager and Henry W. Null equal
4 shares Of residue of estate.
John y. Arbenz was nominated ex,
ccutor of the will.
The will of November 20. 1912. was
read. showing the following requests
To the wife. in lieu Of her dowry and
all other interests. 200 shares Of bank
stock. city home. country home
Other requests to relatives and en-.
ployes were the same as Of the previ-
Gus will
4 At this point the contestant rested
Motion To Exclude Argued
I The contestant resting her case
Judge f. ". Nesbitt informed the
court that he wished TO make A mo.
ton to exclude the testimony. Judge
Hervev then excused the Jury until
. o'clock and the motion was made.
tn support Of his motion Judge Mes.
bift cited the case of Stewar, against
Lyon In which case the late judge
bfannen had written a lengthy opin-
ion. Judge Nesbitt stated that in this
case the facts warrantinc a breakin-
~ the viii was much stronger than
the ono now involved lie said
that I'm This case tho court had hold
that despite lapse ~ memory and foo.
hlcn"ss all that tho proponents needed
20 do vas 10 prove the existence Of
isufficion' understanding Of the nature
of Tho business In making a viii "a
j remember his property. 10 know The
objects ~ his bounty. and 10 know
how Doc wished ~ dispose 81 n
We admit. said Judge Ncsbiff.
'fhe forroffulness proven. tho cvis,'
oncn or hardened arteries. and 1spses
~ memory. bur between those lanses
fHn 'o-tator showed an acfi,if, ~
mind which rendered him CAPABLE NJ
doinl Tho simple things required IN
WaEInc &C. VIII Further than this ue
have three Wills made before anv ~
mos" questions of sanity arose and
in neither nf those is tho ramo " tho
.IiI." contestant named or do we find
900 'fr." Wl.. amy intention 10 Give
." iIrH'f ~rha"f"r any large inter.
'' fn OBJ bank. tho brcv-r,. ar tho
"iilfr building Tho reduction ~ TO-
quests 'o fnrtr por cont d. easily nm
'' '"nI FOR Col Srhmuiharh.a rc