Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1920-05-06
CONTEST ANTICIPATED
Lawyer who Drew Mrs. Wclls' VIII
Looked for This DenOuement


It was anticipated by Attorney Clarence
j.. Cowles of this city, who drew the
last will and testament of Mrs. Efie
t. p. Wells, now being contested in
county court, that there might be a con-
test over the WILL according to the state
ment which Mr.. Cowles made on the
stand yesterday. Under cross-examina-
ton by Attorney r. e. Brown for the
contestants regarding interviews with
Judge Mower concerning the drawing of
the will. Mr.. Cowlcs produced a paper
upon which were the minutes of inter-
views with Judge Mower.
When further questioned by Mr.. Brown
as to whether he had other papers which
had not been produced, Mr.. Cowles
brought forward several patches of pa
pers that he had written bearing upon
the law of wills. and especially upon the
matter of undue influence in connection
with n will. All these papers. he said, he
had put In a large envelope and placed
in his desk. following the completion of
the drawing of the Wells WILL In Jan
uary, 1918. Mr.. Cowles wrote Mrs. Wells
that these papers were there.
Mr. Brown asked Mr.. Cowles why he
had been so particular about saving all
of these papers and If the reason was
that he thought the will might be con-
tested. Mr.. Cowles said that that was
the reason.
All of the papers were turned over
to the contestants In order that they
might have an opportunity to look them
over. Mr.. Brown said that he would sus-
pend the cross-examination of Mr.. Cowles
until he had time to look over these
papers, and suggested that the propon-
ents might continue with the witness if
they so desired. The attorneys for the
proponents said that they did not care
| to ask Mr.. Cowles any more questions
until the contestants were finished with
the Cross-examination.
Since the contestants wished more time
in which to look over the papers in uues-
ton, court recessed at about Ais
standard time. until this morning. Mr..
Brown may have few more questions
to ask Mr.. Cowles regarding the papers.
When Mr.. Cowles testimony is completed
Judge L. c. Mower is likely to be the
next witness.
one of the points stressed by the con-
testants in the cross-examination was
that Mrs. Wells told Mr.. Cowles that she
felt that she was doing in her will what
her husband would have her do under
the circumstances, and that this was at
the same interview in which she showed
to Mr.. Cowles memoranda of requests
she intended to make, and disinheriting
her grandchildren.
Mr.. Brown tried to bring out the point
in cross-examination that Mr.. Cowles
, had heard Mrs. Wells speak of consulting
nobody but Mr.. Ward in connection with
the will. Mr.. Cowles said that he was
quite sure that Mrs. Wells had mentioned
talking matters over with General Jocelyn
about the time the will was executed.
In answer to questions by Mr.. Brown
as to whether he had ever talked with
Judge Mower about Mrs. Wells' intention
under the original draft to leave the
Sykes children out of the will. Mr. Cow.es
said that he had once said to Judge Now
err that he couldn't why Mrs. Wells
was leaving out the Sykes children
Mr.. Brown then asked if such
q will. leaving out the Sykes
children, would not be an unnatura
will Mr.. Cowles replied that it NIGH
be considered So Mr.. Brown then ask
ed If it was not true that the Syke:
children had finally been included un
der the provisions Of the will at the
suggestion of Mr.. Cowles. and for the
purpose of keeping 1t from being al
, unnatural will. Mr.. Cowles replied
that he had no such knowledge tha
! they had been included for that pur
pose.
A certain memorandum on which
Mrs Wells made out a list of her be
, quests for her last was the subject o
, cross-examination yesterday. This wal
the second memorandum which Mrs
Wells showed Mr.. Cowles. The witness
, testified on the cross examination tina
Mrs. Wells did not want him to take
, away this memorandum with him. on,
, of the reasons for this was that sh,
had first included in this memorandum
, the bequest of the house at 81 Sunni
street to the Sykes children, thinkint
that they might like the house or tina
Anna might want it. Later. in tn,
presence of Mr.. Cowles. she erased
this bequest, as she said that she hao
decided that the children would no
care to live there. and probably Ann;
would not want to come back there t
live. Part of this testimony was giver
in the direct examination, and som,
of II was repeated In the cross-sxam
| inat!on.