Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1920-05-13
CONTESTANTS OPEN
ATTACK IN WILL CASE
Likely to Center Most of Their
Efforts on Claim of Undue
Influence by H. L. Ward,
Residuary Legatee Under Mrs.
Wells Will

The proponents in the Wells will case
rested their case Tuesday morning and
the contestants opened their attack. II
appears that the contestants will center
most Of their efforts TO break the will on
the claim of undue influence brought to
pear upon Mrs. Effic l.. p Wells the
testatrlx by II. l.. Ward the residuary
legatee under the will
Two witnesses were on the stand Tues-
day morning for the proponents be-
forc they rested their case. Mrs A. r.
Buell. testified at some length concerning
social relations with Mrs Wells in vari-
Gus clubs and societies. and as a guest
at her home. Some sharp word-tilting be-
tween the witness and Attorney Billiard
on cross-examination featured the morn
ing session
II. l.. Ward was called 20 the stand
Tor few minutes to testify regarding
some checks and other matters pertain
ing to the management of the trust fund
under the estate Of Edward Wells.
The first witness called by the contest
ants was Major II. Nelson jackson Of
this city, whose wife, Bertha Wells Jack
son. was niece of Mrs Effe f. p. Wells.
Major Jackson testified in regard TO the
family relations of the Wells family ~
the apparent fatherly and motherlv az
fections which Mr. and Mrs. Edward Wells
had for Anna and which she seemed to
reciprocate.
Major Jackson also told of being call
cd to the bedside of Mrs Wells in the
capacity of a physician to consult with
DR.. Sabin just a day or two before tho
Sunday on which Mrs Wells died. Dr.
jackson said that he was there on FRI
day and again on Saturday On Friday
ne FOUND her very sick woman and she
had grown worse by Saturday. She was
conscious on both occasions that he saw
her, however, and he talked to her both
times.
Mrs Sykes and Martha were there in
the house when he was there on Satur-
day. DR.. jackson said. He went in and
sat down by the bedside and talked with
Mrs. Wells. At that time she said: Anna
and Martha are here and am glad"
| Mr.. Billiard during the examination Of
the witness was asked at ono time what
| he intended to show by the line OF duee-
uoning which he was pursuing. In reply
| to this Mr. Billiard said that he intended
TO show that Mrs. Wells was conscious
when Mrs. Sykes was with her at the
last and that there was no hard feel
ing between them. but that they seemed
to be very dear to each other. tending to
show. said the attorney. that there must
have been some undue Influence some
J
contested was made
| On cross-examination. Attorney Sar-
gent questioned Major Jackson o,Iita
closely concerning the condition Of Mrs.
Wells on the two occasions when he saw
her. just before her death. The witness
said that. in addition to her physical
weakness and distress. she seemed to he
worrying about something, and he thought
| it might have. been her family affairs.
! Main Tool
garding his acquaintance with Mrs. Wells.
where he had met her and under what CIR
cumstances. etc.
Mrs. Daniel l.. Cady. a sister-in law 81
Mrs. Wells. was on the stand yesterday
afternoon for the contestants. She tesH-
fled that the most devoted relations ex-
listed between Mrs. Sykes and her ia Their
| Edward Wells. and that the relations
between Anna and Mrs. Wells we're equal
! ly devoted, so far as she had reason to
know.
/ AS to her own relations with Mrs. Wells
Mrs. Cady said that Mrs. Wells was not
so friendly toward her during the last
few years, as she had been previously
Mrs. Cady said that she noticed a change
in Mrs Wells during her later years. ShA
seemed to be more saving and changed In
other ways well.
| At one time. Mrs Cady said she was
asking Mrs Wells why she did not buy
an automobile. and Mrs. Wells said that
she could not afford It. Mrs. Cady said that
she told Mrs. Wells she knew she could
afford it. but Mrs Wells said:
II must be economical and save for tho
children. because If Anna spends her
money. the children will not have any"
| Thomas f. OConnor. who has been ON
ployed at the Edward Wells home for
Imany years. and who is still the caretak-
err OF the property testified that the rela-
tons between Mr.. and Mrs. Wells and An.
ma Wells always seemed to be those Of a
HAPPY family. and that the relations be-
tween Mrs. Wells and Mrs. Sykes still
continued to he those of mother and
he knew.
| Mr.. O'Connor said that at one tinA
when he talked with Mrs Wells about
the house at 81 Summit street Mrs. Wells
said that the house belonged to her In a
way. that it stood in her name. but that
Mr.. Wells built 1t with the understanding
that his daughter would have It when Mrs.
Wells was through with it.
An, occasion was mentioned by the Wit
ness when he met Mr.. Ward coming from
the Wells home about II O'Clock at night
and Mr.. Ward stopped and talked with
him about putting up pole in the back
yard with strong light on II. and so ar
ranged that the light could be turned on
by means of a switch in Mrs. Wells bed
room. This was just after the servants
had reported seeing strange men about
the place, and about a year after General
Socelyns house had been entered and soma
slverware taken. A few days after Mr..
lOConnors talk with Mr.. Ward. on that
occasion, Mrs. Wells spoke to him about
putting up such light in the yard. Mr..
. o'Connor said He also testified regard
ing the time that Mr.. Ward and Judge
Mower went to the house after Mrs.
Wells death and looked over certain
things there.
Other witnesses who testified during
the afternoon were Dr. James u. Tanner
of this city and Mrs Ella NJ Baird of New
York.