Norwich bulletin., 1917-05-24

late of Bosrah. as he finds that both
the will and eodieil have been proved.
The decision made public by judge
Ayiing follows:
last will and testament with cedicil
thereto Of Nathan johnson, late OF
Bczrah. in the probate district, of
Bozrah, deceased.
The dscedent died on April II, 1917
the termination Of an illness OF COM
plicated diseases, and during the last
IL months of his life was confined
to his room or bed. 1t appears that
he executed a paper purporting to be
his last will and testament on Jan. s,
on April IL. 1917. he executed So
called codicii to said will six days be-
fore his death.
On April 80 these docum ents. pur-
ment Of Nathan Johnson of Bozrah.
were brought before this court for
allowance for probate.
Both instruments it appears were
three witnesses. all of whom signed
the respective papers in testator's
presence, in the PRESENCE OF each other
and at his request These instru-
naents were seyeraIly executed in &C
cordance with the statutory provision.
This established a prima facie case
for their admission and placed the
burden of showing Incompetence, or
a substantial reason for not admit
ting them upon any heir disputing
the burden assumed by the contestants
who appeared and objected to the
acceptance OF the will
The question, then is as to whether
dispose of his property. 1t is true,
the testator was of mental capacity to
dispose of bis property. Il is true,
that the documents may be examined
for the purpose OF aiding in deter
-
due influence has been exercised or
not. or whether the instrument OF
itself tends to show unnatural dis
position of the estate; but TO be OF
incapacity it must of itself show I'M
natural and unreasonable acts.
:, A person incapable of making
his property may make valid will.
One lacking capacity to enter into
contractuai relations and conduct the
management of his estate may yet
have sufficient mentality to dispose of
that estate by a valid will. but to do
SO, however. the testator at the time
Of the execution of the instrument
lect- to comprehend the effect of the
act: that is. what property was being
disposed of, who was to receive it.
and to appreciate who the natural
objects of his bounty should be.
The decedent had no near relatives,
the nearest being kin of the fourth
degree, who would be his heirs and
DISTRIBUTES if intestate estate.
The bequest to Mrs. Sullivan might
raise suspicion of undue influence.
1T appears. however. that this woman.
when a child. lived for period of
wears with decedeDt's family and
that he made his home In her family
and she cared for him the last two
years of his life and during his last
illness. Under these circumstances it
is not surprising, but seemingly ma
turaf. that he should make one whom
it appears had been many years like
an only sister to him. one of the
principal objects of his bounty
It appears by the will that he had
appreciated the labors of Henry D.
johnson in his behalf in looking aft
er his financial affairs. and also made
him an object of his bounty.
1t appears that much had been said
to the decedent during the latter part
of his life of the merits OF ". W.
only one in this vicinity and Is a cor
poration and although undue fnf7u-
ence. it is true. may have bean exer-
cised in its behalf. there 4s no evil
knew of the generous action of the
decedent during hts lifetime.
The witnesses to both tire will and |
codicil were heard and two proved |
TO be doctors who expressed the |
opinion that the testator was Of |
sound mind when the papers were I!
executed.
During the course OF the extended |
hearing the contestants Introduced !
many witnesses to show that the tes-
tator was, and for a long time had |
been, a man 81 singular habits and |
actions, but the only effect |
Of this character Of evidence was to |
raise ar inference Of unsound mind, |
however. as facts are not established
by Inference. neither are they rebuff !
ted by Il.
Asst to the evidence and testimony |
Of the witnesses. there IS some con-
fict among the Iaiety. covering a |!
period of several years |
1t appears that decedent was criti- |
caliy iii in the year 1911; that during
that illness a drug known as nitro
glycerlne IN tablet form was pre-
scribed by his physician, Dr. Tinglev
and that uDdGc this physicians direc-
ton he continued to use this medicine
for angina pectoris for the rest Of
his life. DR.. Gi1dersleeve corrobor-
ated DIR. Tingley in the effect of this
drug, in the main. and further states
that excessive or irnmoderate use of 4
he same to relieve pain in the heart /
muscles would likely be followed by /
extreme head pains.
,iaIes. Drs. Tingley, Donohue and |
Callahan, all of whom saw him dur |
ing his last illness, unqua1if1edIy pro- |
nounced him capable and of sound /
niHa as dso old wheeler and Pratt, t
as we'll as the witnesses to the will |
and codic1L It is true that some other I
witnesses who saw him during his
asst illness believed him incompetent. |
This opinion was formed from brief /
by witnesses, all of whom |
testified that he was very III, in pain.
and it is not surprising that he did |
lot make conversation. There is no
evidence whatever that the decedent /
vas addicted to tho habituai use of |
narcotics I.rr$
,ne witness who claims to have seen [
linn take a dose of morphine from
.wo different phials. once about eight
1ears ago On the contrary the whole