Norwich bulletin., 1920-12-01
DENIES NoN-sUIT MOTION


 4 motion for non-suit in the trial Of the case of Martha T. Bishop Of GFo;on against Belton A. Copp. executor of tho will of Ellen Benham.. an appeal from probate, was denied by Judge Isaac Wolfe in the superior court here Tuesday after noon- The contestant of the Will IS a sister of Miss Benbam.
 Attorneys Hull and Hull. counsel for the appellant. moved for the non-suit af- ter evidence to support the will had been closed In supporA of the motion. c. lIsdlai Hull argued that there had not been sufficient evidence to establish the execution of the will Judge Wolfe denied the motion without hearing argumer-- against it, and the trial before the jury proceeded. Attorneys Burrows and Mane- held are counsel for the respondents. Miss Benham left on estate of about SS.00O at the time of her death in 1900. | It was shown ip the evidence that she was committed to the Middletown asylum in | 1895 ana that Mir Copp was appointed 1 conservator oger her in 1899. In her .siil she left a gold pin and gold chain 10 Lil- lian C. Hassam, an undivided half interest in some land in Groton to pr. William G. Il Fisher of the Mddletown asylum and the | residue of her estate 10 ihe Missionary society of the diocese of Connecticut. 10 be used for the support of the SeabuTy Memorial church in GToton. The Will was dated May l, 1900. IL is the claim that she was of unsound mind and unfit 10
 nake a will.
 The case in sfnport of the Fill was opened by putting on the stand Judge Arthur P. Anderson of the Groton pro- |, bate court. who testified to admitting the
 will 10 probate
 George D. T,-.eker of Groton. one Of the witnesses to t..c will testified to signing . 1t. William II. Mitchell and his wife ii Malina Mitchell. were the oti.er two wit
 nesses. but both are dead. Mir. Packer
 could not remember that both of these
 signed the will.
 The attorneys for ths will introduced
 Sl affidavit that the three persons named
 had witnessed the will and ssse-e wer, ,ong arguments over its aduiissibility | Judge Wolfe postponed decision untl sf ! ter the noon recess and then announcet
 he would N1rnit the evidence in the cas- |, but was not satisfied that the adlIidsvi
 conform ed to the law as proving the will .i Belton X. Copp was called to the stan 1, by Attorney Burrows and testified ths e the three witnesses named signed ih
 will and that all signed the affidavit. Il A saw the will signed and said he als . wrote the will but could not tell whe o or where he wrote it. Miss Benhai n was 7S ct the tims of her death. h n testified.
 :, The respondents then rested and af c CT the motion for non-suit had been ds o nied. Attorneys Hull and Hull >rgsn tf case for the appellants by reIding tn
 records Of the commitment qf Miss Ber ] ham 10 Niddletown on petition of h, , 1 brother-in-law. Jonathan S Bishop. az n Of the appointment of the conservator c " petition of the Miss Benham's- siste v Mrs. Martha T. Bishop.
 Dr. Leroy P. Van Wrinkle of Brooi
 lyn. \. r.. who is a relative by maj riage of Mrs. Bishop. was called to Il y stand. He testified that between q 7. ages of F and 1t he spent his sun .5 mers at the home of MT. and Mrs. Bis ..ss op in New London and had often =ol 1t 10 the home of Miss Benham with Jon l' than T. Bishop. At such times, Il, said. Miss Benham would throw woo al broom handles or dishes at Mr. Bishi v as soon as he came into the house. ae The witness said Mss Benham us' ll profane and obscene language towar iH Mir Bishop. but Judge Wolfe brought
 smile to the court when he rmsrked ih y 1t might be a question what consttut s such ls-1gu2ge.
 u Asked to tell just what Miss Benha
 said. the witness testified she called } ne Bishop "a red-headed son of a gun" tr W t him that she would put him out a N would slam the door in his face" as , had no business there
 n The witness declared that Miss Et l' ham acted once like a wild woman. q ~ Judge Wolfe once again moved jury a