The Hays free press. [volume] (Hays, Kan.) 1908-1924, 1919-03-06
woMAN's MIND WAS UNsoUND
Court Decides Hays Will Case of IN
usual Interest.
(By Associated Press. J

(By Associated Press
Hays, Mar. 3 Saturday night Judge
I. T. Purcell decided in the case of Jen-
ME Wilson against Edward F. Colborn
the will of their mother Cordelia F.
/ Treat had been executed under undue
influence by Mr. Colborn and that at
/ the time of execution the late Mrs.
Treat was of unsound mind. Former
! Judge A. D. Gilkeson of this City. C.
/ M. Monroe and J. A. Mcclure of To-
| peka attorneys for the plaintiffand Cap
tain ]. G. Waters of Topeka, Edward
Colborn of Salt Lake City, Utah, and
E. A. Rea of this city were ATTORNEYS
for the defendant.
From the testimony it appeared that
the late Mr.. and Mrs. Treat were cid
residents of the city. They had come
here from Tennessee in 1867 and by
hard work and saving had accumulated
a good little fortune for people in the
short grass. They had seen HAYS
merge from a wild and dangerous place
toa city famous for its schools and
| churches. They had no children of
their own, bnt Mrs. Treat had two,
Jennie and Edward Their money
helped to build all the churches In town
and they even caused an Episcopal
church to be erected and donated to
i that denomination. A block of ground
was given to the city for playground.
In 1911 they wrote letter to their
daughter and son-in-law, Mrs. Jennie
Wilson and DR.. Frank Wilson in Buffalo
to hasten home and take care of the
aged couple and 1--we with them. This
they did for while but soon DIR. and
Mrs. Wilson moved into a house of
their own. At the same time they
never quit looking after the wants of
old folks. In March 1912, Mrs. Treat
fell and broke her hip and an expert
nurse wss called in to take care of her.
In March or April of the same year Ed
ward +. Co1born went to consult some
Lawyers in Salt Lake City, Utah and
had them prepare will that gave on
ly the use of the property to Mrs. VIII
son during her life and the remainder
to Mr.. Colborn. He also was appoint
ed as trustee, without bond, of all the
funds of the estate. Final benefit of
the estate was to insure to the benefit
of Mr.. Colborn's two children. In May
Mr. Colborn appeared in Hays and
went directly to the bedside of his
Mother and stepfather. He gave d.
rections that the Wilson's did not need
to help in the care Of the invallds that
day and he at once proceeded
to go over the situation with his
mother, testimony said. Later he
called in two witnesses and in less
than five minutes the will had been
attested. Mr.. Treat died in March
1916 and Mrs. Treat died in the fol
lowing August. When Mrs Wilson
realized the condition of the will and
that she was left at the mercy of her
brother living a thousand miles away
she proceeded to bring the action to
set aside the will.
The trial commenced Tuesday
morning and attracted attention of
people Of the city. Twelve people
testified that Mrs. Treat was not of
sound mind from 1907 to the date of
her death. Four witnesses swore that
they had known her for over twenty
years and had never known her to act
out of the ordinary, Numerous tran
sactions were related showing that
she had joined the execution of deeds
and gifts. One incident testified to
which attracted notice was the gold
en- wedding in 1911 when over one
hundred neighbors and friends were
received. Again others said she did
not know the next door neighbors and
imagined she was living in Denver.
The lawsuit was tried freely under
old time tactics and some words were
passed between counsel at times that
have been relegated to the old stage
coach and the flint rock days. Even
broad hints were uttered of what
would happen to the city play ground
if the will was set aside.-Salins
Journal.