Norwich bulletin., 1920-08-04

There was no opposition to the allow ance of the will of William Clarke, as was expected at the Tuesday afternoon session of the Westerly probate court, Judge Edward NJ Burke presiding, but notice of appeal was filed. This matter was begun at session of the court two weeks ago, when, after the testimony of Miss Genevieve Burdick, now of New York, one of the witnesses to the will, there was a continuance to Tuesday.
 Mir Clarke was a former president of the Westerly town council, and his will provides that his estate be divided into three equal parts and one-third is giv- en the Seventh Day Baptist Missionary society. of which he was president many of his death, one-third to Alfred Uni vsrsity of which he is a graduate, and the other third to his granddaughter, and only heir-at-law, Mrs. Alexander Fergu- son. of Westerly. The admittance of the will to probate was opposed, through John W. Ferguson, Jr., counsel for Mrs. Ferguson, on the ground of testa- nentary incapacity and undue influence.
 Mir. Clarke for quite a while made his home with Mrs. Ferguson, but after wards his residence was at the home of Or. Samuel c. Webster, where Mrs. Web Iter acted as nurse for him during his inal illness
 Mir. Clarke was in an enfeebled con dition for a long time prior to his final illness, and was not considered compe lent to attend to his business affairs. Mrs. Ferguson petitioned the probate court that she be appointed guardian of the person of MT Clarke, that the Washing ton Trust company be appointed guardi- an of his estate. This petition was granted. By advice of his counsel. Sam nel H. Davis. Mrs Clarke made no op position to the guardianship
 About the time that the will was exc suted. Mir. Clarke prepared a complete list of his real and personal property, handed the same to MT. Davis and en- gagged him to execute the will, the prop .rty to be divided into three equal parts, Tor distribution. as the will specifies.
 Mrs. Ferguson the natural object of his bounty, does not consider the division Is as Mir. Clarke really intended, and that two great a proportion Is given for charity. It Is said that the understand Ing was that Mrs. Ferguson was to re- eeive at least one-haf the estate and that the other half was to be divided between .he Seventh Day Baptist Missionary so- ciety and Alfred University.
 The legal formality of establishing the Identity and genuinness of the document IS the last will and testament of Will am Clarke. was established The will was executed June 29, 1917.
 Attorney Ferguson had O objection to probating the will, but gave notice of lpeaL Samuel H. Davis was confirmed IS executor and bond s3000 Eugene B. Pendleton was appointed appraiser.
 In the estate of John F. CrandaII. the court had previously decided that the widow is entitled to dover rights in our tracts of land, jointly with Charles and Oliver P. Crandall. The court ap- pointed as commissioners Attorney liar " B. Agard, Thomas Mckenzie, without opposition.
 Attorney Herbert ". Rathbun. at the request of Mrs. Crandall, suggested as the third commissioner. William R. Greene of Saunderstown, R. l. Oliver Crandall objected and suggested the name of James NJ Pendleton. while Charles Crandan suggested that the judge name the third commissioner The names of Albert H. Langworthy Everett Barnes and Howard F. ThorD were nendenlally mentioned. Attorney Rath- pun consulted with Mrs. Crandall and suggested the name of Everett Barns The Crandall brothers had no objection n any competent local man, and the court appointed Mrs. Barns as the third commissioner.
 The will of Sarah E. Young, who died