Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1917-10-05
LAST WALKER WILL
SUSTAINED BY JURY
Verdict in Contested Case Re.
turned Last Evening
Gives Property to Mrs. w. M Randall,
Daughter of Testator, and Husband
Recess to Monday Afternoon.


jury which had been hearing the Walker
| will case in county court at Newfane
since the middle of last week returned
verdict establishing the will under con
sideration as the last will and testament
of the late George w. Walker of Dunn
merston. In other words it declared that
| the Will which gave Mr.. Walkers prop
erty to his daughter, Susie, and her hus-
band, William NJ. Randall was valid
Mr.. Walker died in 1916 at the age of
w years. In 1914 he made a will Civ
ing his daughter the use of the property
and at her death the property amount
ing to approximately $1,000 was to 90
to the Brattleboro Home for the Aged
and Disabled When the second will
came to light the Home for the Aged
contested it on the ground of undue in
fiuence and mental incapacity.
| Yesterday forenoon Attorney William
K. Daley made the opening argument for
the proponents. Mr.. and Mrs Randall
Attorney John n. Harvey opened for the
contestant, and in the afternoon Attorney
Frank f. Barber closed for the contest
ant and Attorney Robert c. Bacon closed
for the proponents. The jury took the
case about 5:30 o'clock, went to supper
at and returned about half an hour
later to the consideration of the evidence.
After the verdict was rendered the
court took recess until Monday after
noon.
Among last Fridays witnesses were
Mrs. George Crosby, Warren l.. Wal
ker, Arthur F. Robbins, Henry J. AL
len, Myron F. Dutton, d. E. McElhin-
ney and Ambrose Knapp. The burden
of their testimony was that the testator.
George w. Walker, was kind to his
daughter, Mrs. Randall, and her husband
and often said that they were to have
his property, also that he was of sound
and disposing mind.
On Saturday the first witness for the
contest was examined. He was George
johnson, formerly employed at the Wal
ker farm. He testified in substance
that the Randalls were kind to Mr..
Walker at times and unkind at other
times, and that he had known of stormy
conferences between Mr.. Walker and
the Randalls and had heard the latter
say that they would see to it that Mr..
! Walkers first will was changed.
| When court convened Monday after
noon, after the Sunday recess, Charles
! ). Chase testified in behalf of the Home
for the Aged Mr.. Chase said he drew
the first vii land later Mr. Randall want
ed HIM to draw second one, saying that
Mr.. Walker wanted it done. He went
to the Walker house and found DR.. A.
]. Miller there. They did not think
Mr.. Walker was then capable of making
will. Later at an appointed date Mr..
Chase telephoned to see if it was all
right for him to come to the house to see
for him to come to the house to see
Mr.. Walker and was informed that the
plans had been changed. That was the
day that E. w. Gibson dictated the sec.
ond will for Mr. Walker
Nj. +. Dutton was called by the CON
testant later in the afternoon and again
next morning. He told of the habits
of the Randalls relative to the use of
liquor. Fred Crosby of Dummerston
testified on the same subject, saying Mr..
Walker told him his money never would
go for rum. Merritt Huntley said that
four or five years ago Mr.. Walker want
ed him to arrange to care for him as
he did not like the way the Randalls
were doing w. F. Walker told of the
testator s feeling toward the use of
liquor.
Miss Edith Cleveland of Brattleboro.
professional nurse, who cared for Mr..
Walker up to within few days of the
time the second will was made, testified
to being notified that Mr.. Walker did
not want her to stay any longer. She
also said that the Randalls intimated to
her. their desire TO have Mr.. Walker
make his will in their favor
On Tuesday afternoon DR.. w. n.
Thompson, formerly of the Brattleboro
Retreat and now superintendent of the
Hartford Retreat testified largely in an
swcr to Hypothetical questions.
DR.. A. I. Miller of Brattleboro, who
was Mr.. Walkers physician and who
was at Mr. Walkers when C. s. Chase
arrived to draw up a second will, testi-
fed that Mr.. Walker at the time was suf-
fering from senile dementia and in his
Judgment was not competent to make q
will.
w. NJ. Randall was called Wednesday
He said the relations between Mr.. Wal
ker and the Randalls were friendly and
that he never discussed with Mr.. Walker
any proposition to change his first will.
He testified to having heard Mr.. Walker
say that DR., HoltOn represented to him
that the Home for the Aged was a
needy institution but that he after.
wards learned that it was well supplied
with funds.
VI p'uhcSudF AFTERNOON hODeft I.
Clark, treasurer of the Home for the
Aged, testified that inmates were ad
mitted to the home on the basis of in
surance mortality tables, but that the
income from the inmates and from Sc
curities held by the institution were not
sufficient to maintain it.
Mrs. Susie (Walker) Randall testified
that she never talked with her father
about making his will
Treasurer c, A. Harris of the Brattle-
boro Savings bank showed that in 1909
Mrs. Randall had deposit of $l,O4O,
which in 1914 had been reduced to about
$500.
Yesterday S. w. Edgett and E. C.
Crosby told of talking with Mr.. Walker
in 1918. about securing options to do
prospecting for minerals on his farm
and said he was entirely rational and
wanted to talk with the children first