South Bend news-times. (South Bend, Ind.) 1913-1938, 1916-03-27
FRIENDS CALL
TESTATRIX SANE
Three Women on Stand Mon
day in Trial of Suit, to
Break Wheeler Will.

Three witnesses for the defense,
whose combined ages total 232
years. gave testimony Monday morn
ing in the action being heard in cir
cult court 10 contest the validity Of
a will made by Rebecca Wheeler.
The witnesses were Mrs. j. Il. Stoll
70, Mrs. Margaret Stull, 80. and Mrs.
Eliza beth Wheeler. SO years old
The testimony given by these three
women. lifelong friends Of Mrs
Wheeler; com batted evidence intro
duced earlier in the trial by plain
ifs witnesses that the testatriX had
la pses of memory. The action is
brought on the ground that Mrs.
Wheeler was OF unsound mind at
the time the will was drawn. prop
erty valued over 100000 is involved
in the litigation.
Mrs. StOll testified that in all her
dealings with Mrs Wheeler she
found her TO be of disposing mem
DRY. Mrs. Stoll said on the stand
that she came in contact often with
Mrs. Wheeler. seeking her out for
contributions to the First Methodist
church. Both Mrs. Wheeler and
Mrs. Stoll. it was revealed. were
closely Unidentified with the Metho-
dist church and were workers in the
different aid societies that were
branch organizations of the church
proper.
Mrs. Stoli told Of the various con-
versations that she had with Mrs
Wheeler during the latter's life
time. She also spoke Of Mrs. Wheel
er contributing 50 and her share in
helping out a Dutch" day, an af-
fair directed by the women for rails
ing funds for the church.
Mrs. StOll's Testimony.
The strongest testimony regarding
Mrs. Wheeler's sanity was brought
out during the time that Mrs. StOll
was on the stand. Despite attempts
of the plaintiffs lawyers TO riddle
her testimony, Mrr. Stoll stoutly
maintained that in her opinion Mrs.
Wheeler was Of sound mind.
The testimony of Mrs. Stull and
Mrs. Elizabeth Wheeler the late
husband Of the latter being a cou-
sin Of the decedent by her marriage
TO Russell Wheeler. was substan-
TALLY the same as was brought out
by Mrs. Stoll.
An exceptionally strong point
given by these witnesses Offsetting
earlier evidence introduced was that
Mrs Wheeler was able to recognize
and did recognize all her friends up
H,e.Fs her
death. This was considered a hard
blow to the plaintiffs as all along
their case was based somewhat on
the evidence introduced showing
that Mrs. Wheeler was unable to
recognize her friends nor able TO
remember the names and places IA
miliar to her all her life.
Attorneys i'm Clash.
The same sharp retorts between
counsel which has characterized the
hearing OF the case during all the
sessions. prevailed Monday morning.
one attorney told another that his
peppery remarks were in danger of
causing him 10 be sent TO see a phys
ician." Another break came when
one attorney charged another with
playing 10 the jury" and branded
it as "pettifosgery," not lin accord
ance with the ethics of trying a
will case" winding up by asking the
court TO put stop 10 II.
Donald MacGregor was the first
witness called Monday by the de-
Tense to testify. He stated that he
had been consulted with Mrs.
Wheeler with a view TO wiring
her home. IL said that he had sub
mitted prices at four different times
but did not wire the house. In his
opinion as IA as mis- dealings were
concerned. she was of sound mind.
he said.