Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1920-04-22
CHIEF BEN EF|C|ARY|
ON STAND IN WILL CASE|
Henry L. Ward Testifies About
His Acquaintance and Bust
ness Relations With Edward
Wells and With Mrs. Wells
After Her Husbands Death

case. and the man to whom Mrs. Effie f.
p. Wells left her home on Summit street
and a large portion Of her property. Mr..
Ward took the stand Monday for the
first time, at the opening Of the fourth
week Of the case. He was the only wit
ness on the stand, with the exception of
Frederick II. Wells, who was called for
brief testimony In regard to Identification
of papers connected with his trusteeship
of the estate of Edward Wells.
A large part OF the testimony Of Mr.
Ward dealt with the Introduction Of let
tiers and papers IN connection with the
replacing of the certificate of indebted
ness or registered bond of the Common
wealth Of massachusetts,. which was lost
by Mr.. Ward and later replaced by him
through the securing of an act from the
Legislature Of Massachusetts. All letters
and papers having anything to do with
this matter, which are in the possession
of Mr. Ward were exhibited and offered
as evidence. There were, in all. 63 exhibits
having to do with this particular matter.
In reply to questions asked by Attorney
Sargent, Mr.. Ward said that, at the timo
the bond was lost. he took the full re-
sponsibility for replacing 1t. both finan-
| cially and otherwise. The bond was re-
, placed, executed and delivered to the Ed
ward Wells estate with the signatures of
Henry L. Ward and Mrs Effie Wells at
/ tached TO It. Mr.. Ward said that. in order
to secure Mrs. Wells on this bond, he gave
her q mortgage on his home for $4,000.
! Mr.. Ward testified, also. In some detail
in regard to the carly relations between
! himself and the Wells family. Mr.. Ward
said that he was born In Burlington and
educated in the public and high school
Of the city, and graduated from the Uni
versity of Vermont In the class Of 1852.
| During vacations he worked for a time
| in grocery stores and later in the Burling-
ton Savings Bank His father, Charles r.
Ward. was tailor by trade. but became
later trustee and treasurer of the Bur-
ington Savings Bank
After his graduation from college. Mr.
Ward worked during the summer of 1882
on steamer on Lake Champlain. then
went with his father on a western trip.
Returning that same fall. II. l.. Ward took
a position in the Howard National Bank,
with the idea that he would later enter
the Burlington Trust company, which was
Gust being organized at that time.
Mr.. Ward became connected with the
Burlington Trust company in 1883 and has
continued with that institution ever since
that time until he retired from the pres
idency of the company last January. Mr..
Ward said that he had known the MEM
bers Of the Wells family since boyhood.
but that he did not become intimate with
any of them until after his connection
with the Burlington Trust company be-
gan.
General William Wells was the presi-
: dent Of the trust company from 1887 until
his death in 1892. and 1t was with this
member Of the Wells family that Mr..
Ward first became intimately acquainted
| A ho lao of "a
Wells became president of the bank. Oc-
cupying this position from 1892 until his
death in 1907. During this time. the in
; timacy between Edward Wells and Mr.
Ward grew. They took many business
trips together and we're brought together
nearly every day in the discussion Of bus.
mess affairs.
There was also. pleasant social rela-
ton between Mrs. Ward and the Edward
Wells family. according to the testimony
of the witness. Mr.. and Mrs. Ward were
frequent guests at the Wells home before
: the death of Edward wells, and Mr.. ant
, Mrs Wells called occasionally at the Ware
home.
Mr.. Ward practically took over the con
troll of the Burlington Trust company
in 1909 and has directed its progress since
that time until last January.
At the opening OF court Monday after
= noon, Attorney Sargent for the propon
ents offered as evidence the will Of Ed
ward Wells. The contestants objected t.
it's admission on the ground that 1t wa!
not material in this case. but 1t was re
t ceived and an exception noted for tn
contestants.
c Attorney Guy NJ. Page read the will
:, which provided. after a few minor be
s quests, that the main part OF the prop
d erty should be divided between his wife
= Effie +. p Wells. and his daughter Ann
o Wells Sykes. Mrs. Wells getting one-third
y while two-thirds went to Anna a
s a trust fund to be invested and handle
g by three trustees, the interest only to b
q used by Anna, except that the trustee
a might, at their discretion. allow her
a use some Of the principal of the funt
!, Provision was made. also. for the grand
!. children when they should reach the as
~ Of 81 out Of the two-thirds Of the es
~ tate which was left to Anna.
One clause in the will expressed 1t rs tn
- intention Of Edward Wells that his wido'
&c should have the use of the house an
stables as long as she lived, and that thes
should then go to Anna. .
The executors account in the estate {
Edward Wells was offered and receive
81 in evidence. also. This showed that tn
=. executors. Frederick II. Wells and Her
IL
- estate, just following the death OF &c
&c ward Wells. the sum or S62O.4sa.s Tn
y. allowed Mrs. Wells as her third OF tr
Ill estate, $197, 1876. 81 while the two-thirds shat
ne of Anna Wells Sykes amounted to 1894
III 1881
Certified copies of the trustees a.
counts for various periods OF time wei
offered in evidence by the proponent
but were objected to on the part of II
ok contestants on the ground that no ev
es dence had been produced to show th'
We Mrs. Effie Wells knew anything abo'
e, these accounts; which showed the manag
at ment of the trust fund and the money pa
e. TO Anna Wells Sykes. For this reason, a
q, torneys for the contestants held that the
accounts were not material in the cas-
Two of the accounts were admitte
those showing the management of Il
- trust fund during the period from o
IA tober Is, 1907, to January "a, 1911 The a
20 count showed that. during that time. Il
W, trustees of the fund, who were Hem
&c Wells, Frederick II. Wells and Henry
~. Ward, paid to Anna Wells Sykes II
os tie over 100000.
,ss Others of the trustees accounts, whit
70, were objected to on the grounds abo
- mentioned were withheld by the prop
nents, Attorney Sargent stating that
'o would show that Mrs. Effie Wells knt
''o about these accounts. had seen all
them and took an interest In them.
Mr. Sargent then called Mr.. Ward
the stand and, during the course of I
ith examination. the witness was asked
w. Mrs Effie Wells had ever been sho,
'es the accounts referred to. Mr.. Ward SO
ar. that aha had ham ahown than that