The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1919-06-25
COURT SESSIONS
HERE TO TRY KATE
HEALY WILL CASE
Court Comes to Bennington for
Trial of This Case
HEIRS CONTEST THE WILL
Undue influence is chareed-chief
Contestant is Mrs. Nellie Park
hurst, Daughter of Testatrix

County court is in session in Ben
nington this week, coming here from
Manchester for the purpose of hear
ing the Kate Healy will case. Hon.
F. NJ. Butler of Rutland is the presid.
ing judge, with Judge LaF'ranchise
and Judge Roberts. assistants. Miss
G. Sadie Smith is the reporter.
The proponent of the will in the
Healy case is Patrick j. Healy, son of
the testatrix The contestant is Mrs.
Nellie Parkhurst, one of her daugh-
ters. G. NJ Graves and Henry Chase
appear for the proponent and ]. X.
Batchelder is counsel for the contest
AM
Court opened at O'Clock Tuesday
afternoon. About an hour was taken
in selecting the jury which compris-
es the following men: Homer Pike,
John Dalton, Wilson G.. Frost, H. L.
Hubbard, Loren Fowler, John Mill
ington. John Forrest, B. l.. Hard,
Newton Cutler, H. ~ Williams, ]. d.
| Clemons, Moses Wilson.
The first witness for the propoIent
was Attorney C. NJ. Graves, who tes-
titled to drawing the will at the re-
quest Of the testatrix and of the ex-
ecution Of the will on Oct. %. 1913;
also to other conversations with Kate
Healy, and that she was of sound and
disposing mind. The witnesses to
the will were C. M. Graves, Seymour
Wood and William Reap. Kate Healy
at the same time executed to Patrick
Healy deed of her house which deed
was to be kept in the safe at Graves
Office until further orders, and that
later at her request he took it to tho
town clerks Office for record
Mrs Rose b. Reap testified that
her husband. William Reap, is now in
Ontario. Canada, as manager Of an
Uncle Toms Cabin theatrical
troupe, and that he travels all the
time. She identified her husbands
signature on the will.
DR.. Buchanan told of being called
to treat Kate Healy about a month
prior to her death and of several sue
cessiye times until her death from
pneumonia. He testified that she
was sound mentally.
1t was brought out during the trial
that Kate Healy died in April 1918, at
the age of 81.
Seymour Wood testified to witness
ing the will at Patrick Healy's house,
at the request of Kate Healy. He
had known her for year or two be-
fore that Her mental capacity
seemed to be all right. Her intelli-
gence was equal TO the average.
Martin Craven gave in evidence
his opinion that she had sound
mind.
Charles Hicks testified to her
soundness of mind from 1908 to Dec.
1911.
Arthur Chase. Raymond r. Howard
and Mrs. James Fox all gave evil
dence as to the soundness OF Kate
Healey's mind and memory.
The proponent rested his case at
1O.15 this morning. After recess the
contestant called Attorney Graves to
the stand and proved by him the
drawing and executing of the will of
Bridget Mcnamara. mother of Kate
Healy on June "a, 1913.
-hiSs NtiltH IdIhuuTht, uduBnleT OF
Kate Healy testified that her mother
died Feb. 16. 1918. That she was
living with her mother at that time
and had been since her grand.
mothers death. April 8, 1915. Her
mother had not found out about the
deed for long time after the signing
and when she did she felt very bad
about ii and called Patrick names for
getting her to sign the paper Patrick
did not come to their house after
tha;
Upon cross.examination, Mrs. Park
hurst said her mother was of sound
mind up to the time OF her death.
She denied saying anything to her
mother either detrimental to, or in
favor of her brother Patrick.