Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1920-05-06
MANAGEMENT OF
WELLS TRUST FUND
CrOss-ExaminatiOn of H. L.
Ward Indicates That Contes-
tants in Will Case May Base
Their Attack on Alleged I'm
due Influence

Characterization Of Henry l.. Ward,
residuary beneficiary under the will Of
the late Effie Z. F. Wells, began Thurs
day afternoon in the Wells will case, the
case being taken up again that day
after the lapse of about week on
account of the illness OF Attorney v. A.
Bullard. Mr.. Billiard was able to re-
turn TO his duties and conducted the cross
examination, which brought out more
clearly than has been shown before the
line of attack which the contestants will
follow in attempting to break the will.
An unusually close relationship, which
would give opportunity for undue influ-
ence between Mr.. Ward and Mrs. Effe
! Wells was what the contestants we're evil
IDENTIFY trying to establish In the cross
| examination,
Direct examination of Mr.. Ward con-
| tinued Thursday morning, with the iden-
tif1cation of letters written to him by
| Mrs. Wells, and other letters which he
| wrote to Mrs. Wells. These letters ex-
tended over a period embracing practi-
caly the last eight or nine years of Mrs
| Wells life The letters we're practically
all relating to matters Of business of
some kind. combined with personal
| touches
| The matter Of the lost bond. which
has been given considerable prominence
in the case. played an important part in
the letters. At one time, Mr.. Ward
wrote to Mrs. Wells that the strongest
kind of pressure had been brought to
bear upon him to get him TO resign as one
OF the trustees of the trust fund of
the Edward Wells estate. It was said
that the other two trustees of the trust
%,,.I
any unpleasant publicity which might
be given to the matter of the lost bond,
if he remained. 1t was intimated Mr..
Ward said, that unless he saw fit to
| resign. as he had been urged to do. 1t
might make a difference with him in re-.
gard to his position in the Burlington
Trust company.
In the cross-examination, Attorney
Billiard first followed up the matter of
a certain letter written TO Mr.. Ward
by Mr.. Cushing, attorney for Anna Wells
Sykes. in which Mr.. Ward was asked
to resign. In this letter was set forth
charges from what purported to be the
report of the American Audit company.
engaged by Mrs. Sykes. or some one act
ing for her, to audit the books of the
trust fund
Mr.. Billiard asked Mr.. Ward about the
charges made in this letter from Mr..
Gushing. supposed to be based upon the
report of the audit company. some OF
them being that there had been no definite
segregation Of principal and interest in
the trust fund. that money had been left
idle when 1t could have been earning in
terest, that certain amounts had been
deducted from Mrs. Sykes income which
should have been taken from the princi-
pal and that taxes had been lodged
| In regard to these matters, Mr.. Ward
said that he had never been able to I'M
derstand what was the basis of the
charge that there had been no definite
segregation of principal and interest. He
declared that it was not true. as charged
, that nc separate account of income and
principal of the trust fund had been
kept. AS to the charge that certain funds
had been deducted from Mrs. Sykes in.
, come which should have been taken from
, the principal, Mr.. Ward said that the
entries were made in accordance with the
law, as II was understood al that time
Mr. Ward denied any knowledge Of
transferring funds for the purpose of tax
lodging, as charged. He was not pressed
to any great extent in cross-examnation
on the other charges made.
1 Another line followed up by Mr.. Bull
lard in cross-examination was in regard
Ward and the Edward Wells family be-
fore the death of Edward Wells. as COM
pared to the relations which developed
between the witness and Mrs. Wells after
Mr. Wells death. Mr.. Billiard called at
3 tention to gifts of money which Mr..
! Ward had received from Mrs Wells from
} time to time. and asked the witness il
he did not think that these gifts would
total $4,000 Mr.. Ward said he was
: quite sure that they would not total
$4,000. including the money which Mrs.
Wells paid toward the premium to re-
; place the lost bond.
Declaring that he proposed to show that
Mr. Ward showed favors to Mrs. Wells
with the purpose Of receiving favors in
the form of gifts in return. Mr. Billiard
: asked the witness II there were not times
when he had turned to Effie Wells loans
, which ought to have gone to the Burling-
ton Trust company. Mr.. Ward answered
q this question in the negative.
Toward the close of the afternoon. the
cross-examination turned in the direction
of intimate relationship between Mrs.
Wells and Mr.. Ward Mr.. Billiard.
through calling the attention of the wit
ness to certain visits which he had made
= TO the home of Mrs. Wells on specified
: dates during the latter part of Febru-
( airy and the early part of March, 1916.
$ and the reading to the jury of letters
n written by Mrs. Wells TO Anna about
o this time, in which Mrs. Wells upbraided
= Mrs. Sykes for the stand she had taken
In regard TO the lost bond. sought TO
produce the impression that the visits
Of Mr. Ward had influenced Mrs. Wells
to write these letters and thus turned
, her against Anna.
= This line Of questioning led up to the
y date. about the middle of March or a
little before 1916, when Mr.. Ward frst
discovered that Mrs. Wells intended Ia
. make him beneficiary to the residuary of
. her property under her will. The CUES
tions Of Attorney Billiard implied that
Mr.. Ward had been using his influence ia
y secure will in his favor. such as Mira.
Wells made about that time