Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1920-05-27
CONTESTANTS LOSE
IN WELLS WILL CASE
Jury Finds That Maker Was of
Sound Mind and Memory and
Was Not Unduly Influenced
Case Will Go to Supreme
Court
Court

morning, declaring the will of Effje r. y
Wells to be established as her last will
and testament, thus defeating the at
tempt of the step-daughter, Anna Wells
Sykes, and the half-sister, Hannah p.
Wells, to break the will. 1t was announced
yesterday that the contestants will take
the case to the Supreme Court
The establishment of the will carries
with 1t the finding of the jury that Mrs.
Efie ff. p. Wells was of sound mind
and memory at the time the document
was executed, and that no undue in
auence was exerted upon her by H. L..
Ward, the residuary legatee. as was
charged by the contestants
This is one of the longest cases in point
of time taken to try it, that has been
tried in County Court for some years.
The case opened on Monday March %,
and has therefore been in progress nearly
two full months. Some of this time has
beeen lost in delays, however, caused by
sickness among the attorneys.
The expense of the long session in the
case, exclusive of the attorneys fees.
falls upon the contestants, Anna Wells
Sykes and Mrs. Hannah p. Wells.
When the jury came into court yester-
day morning after spending the night
at the court house trying to reach a YER
dict, the foreman announced that the
jury had disagreed. Judge Fish then
asked If there was any further informa-
tion that he could give them to help them
to arrive at verdict The foreman re-
piled that they would like more informa-
ton concerning the law of undue in
fuence. This was given. and a verdict
reached about Is minutes later.
The jury which decided this case was
Ii. -
Underhill, foreman; G.. NJ Nelson of
Westford; G. w. McNall of Essex; Ira ].
Mulverhill of Essex; c. f. Andrews of
Huntington; J. S. Barker of Hinesburg
F. B. Andrews of westford; H. j. Stevens
of Huntington; Edward Hollis of Hines
burg; c. C. Frisbee of Milton; Floyd
Putnam of Williston and John Booth of
Milton.
THE CLOSING ARGUMENTS
At $50 standard time, Tuesday after
noon, the jury which has sat for the past
two months in County Court listening to
the evidence in the Wells will case. in
which Anna Wells Sykes and Mrs.
Hannah p. Wells are seeking to break
the will of the late Effie f. p. Wells. re-
ceived the case for their decision.
The day was taken up in this case Tues
day with the closing arguments on
both sides. V. A. Bulard. for the con-
testants. spent large part of the morn
ing in closing his argument. which he
began on Friday afternoon last and con-
tinued Monday afternoon. In the after
noon Tuesday. c. II. Darling made the
closing argument for the proponents, and
Judge Frank l.. Fish gave his charge to
tho jury
foiio ha
diaries of Mrs. Wells at various dates,
calling attention to the times that Mr..
Ward called at 81 Summit street. and then
pointing out certain things which hap
pened soon afterward, claiming that
these happenings. in which included the
writing of the letters from Mrs. Wells
to Mrs. Sykes. in which Mrs. Wells
threatened to disinherit Anna, if she con-
tinued her course of action toward Mr..
Ward, were the direct result of these
visits.
Carefully picking out the evidence which
supported his case, from letters and
other sources, Mr.. Billiard worked toward
his climax in the chain of circumstances
which he relied upon to establish case
of undue influence over Mrs. Wells, the
testatrix, on the part of Mr.. Ward. MT.
Billiard review the provisions of the wills
of 1915, 1916 and 1917. and argued to the
Jury that as Mr.. Wards influence be-
came more and more powerful over Mrs
Wells, Anna Wells Sykes was gradually
cut off.
Attorney c. II. Darling. closing the case
for the proponents, declared that 1T Is
not for the jury to make a will, or to
decide what they would have done under
the circumstances in which Mrs. Wells
rStx tp ho
sidered he said, were whether Mrs
Wells was of sound mind and memory
at the time this will was executed. and
whether or not the will is actually the
expression of her own wishes.
Mr. Darling called attention to the fact
that James Greenleaf Sykes has not APP
peared in Burlington during this trial ana,
also, to the fact that Mr.. Sykes was at
Ct Summit street just following the death
of Mrs. Wells, and that he had access
to the hooks and papers there.
Several Of the papers. including let
tiers from the copy book of Edward
Wells, are missing. and have not
been accounted for.
Mr.. Darling said that the contestants
had accused the proponents of being
"grave robbers" The attorney reviewed
some of the evidence. especially that
which referred to the anxiety of Anna
Wells Sykes to see the last will or her
step-mother, so that she sent Frank Wells
after It even before Mrs. Wells funeral.
Then he asked the jury whom they
thought were the grave robbers"
Mr.. Darling reviewed what he called
the persecution of Mr.. Ward by the Sykes
family and by certain members of the
Wells family. He said that the family of
~ hnd
family of Charles Wells. having given
them altogether about $4,000. Mr.. OAR
ling called attention to the fact that the
contestants had tried to cover up he
fact that Mrs. Wells had given $4,000
to the Charles Wells family in accord
ance with the wish of Edward Wells.
In answering the claim of the contest
ants that Mrs. Wells had not given much
to charities Mr.. Darling showed
that Mrs. Wells gave to charities
during the last nine months of her life
about $500, as shown from her checking
account.
Mr.. Darling declared that. following a
letter written by Mrs. Wells to Mr.. Ward
in 1916 which had been quoted by Mr..
Bullard, who said that at that time Mrs
Wells was completely under the domina-
ton of Mr.. Ward-after this letter had
been written. Mrs. Wells made a will in
which she did not leave Mr.. Ward a cent
and in which she left large share of her
property to Mrs. Sykes and her children.
chapter in the married life of Anna
Wells Sykes was reviewed. in which Mr..
Darling showed that Mrs. Sykes and her
husband had some $3.50 from the Ed
ward Wells estate from the time Mr..
Wells died until Mr.. Ward resigned as
trustee, in 1916, a period of seven years.