Every evening, Wilmington daily commercial. (Wilmington, Del.) 1878-1928, 1922-03-13
SAARPlEY WILL
CONTEST HEARING
RESUMED TODAY
Continued from page 1

making the Will and that they were
not served with citations or notice
when the will was admitted to probate
or at the time OF taking proof. They
prayed that the probate AID letters
Parliamentary be revoked anf that tn.
! alleged paper be decreed NOT to be tho
last will OF Mr.. Sharplcy ard for this
, purpose requested a review OF tho
/ granting OF probate and letters tcsta-
mentary.
Tho Orphans Court room was
; thronged when Register Brown reaum- |
: ed the bearing today.
John Weller and Daniel r. Stubbs
were recalled and testified concern
Ing the signature OF the will.
l. John w. Humphrey. Mrs. Edward
Hines and Miss Mabel Slbley Jones
were recalled and testified that strong
friendship existed between Mr.. Sharp
d. ley and Howard II. Springer.
Mrs Rebecca ]. Bird and Howard
j, u. Springer were recalled and testi-
/, fed that after Mr.. Sharplcy's funeral
Mr.. and Mrs. Lyman complImcntcd
= tho undertaken tnow deceased) on the
:. manner In which II was conducted
4 and said Mr.. Lyman remarked TO
= tho undertaken I'VE will have a game
!. OF pinochle over this" Mr.. Springer
L stated Mr.. sharpley was clad In an
u old suit when buried. Replying 10
Attorney Reinhardt, tho witness said
@ he was well aware thas tho under
II taker now Ia dead and cannot contra
d diet his t(the witnessD statsment
l. Howard u. Springer also testified 70
W Mr.. Sharpley rooming Mt the home Of
n, Mrs. Jane w. Pennewill and TO Mr..
y sharpley suggesting that they buy
Il the house. continue Mrs. Penncwill a.
u lessee and both|room there.
X Mrs. Jane w. Pennewill testified
40 that Mr.. Sharpley wns roomer at
u her home for rs or more years and
~ that strong friendship existed between
~ Mr.. Sharpley and Howard II. Springer.
she stated MIR. Sharpley's condition
was pitiful when she cav him In tho
u hospital. Replying TO Attorney Hilles.
SO she said Mr.. sharpley was fond OF
" Mr. Lyman and particularly fond OF
ST Mr.. and Mrs. Yeates. Attorney Har-
" man objected 10 this cross-examina-
ton, and the objection wes sustained
,, Misses Helen G. Toomey and Anna
!, Joyce. nurses at the Physicians nnd
40 Surgeons Hospital. were recalled and
a testified that Mr.. Sharpley wns very
H. sick. and they expressed the bpinlor
no that he did not have tcstamentar,
no capacity TO make will. Counsel FOL
NJ the propounders objected. but ReglsteI
is Brown overruled the objection.
-al DIR. l.. Harvey Lenderma testified
&C. that, I'm view OF what he had heard n
ge the courtroom, he would say Mr.
Sharpley was not capable Of cxercis
ar- Ing thought. Judgment and reflection
Ike and did not have memory and under
IN standing, the five requisites for max
op ing will. On cross-examinatlon ID
he Lenderman expressed tho opinion tina
iaS Mr. Sharpley died OF terminal pneu
ate monia, but said he could have had on
ng Of the three different kinds OF pncu
900 monia. He stated mental incepacit
ma accompanied fever such rs Mr.. Sharp
'S ley had.
,ao DR.. Thomas n. Mnligan corrobornte
DR.. Lenderman.
William r. Lyman was recalled an
49,. testified that no was acquainted Wit
Mr. Sharpley 35 or 40 years and In
-, timately so or S5 years He sai
-, during the last Is or 20 years OF NJ
-, Sharpley's life Mr.. Sharpley dine
g lat the Lyman home at least twice
n, week and sometimes THRICE a wee
or more frequently. He often joine
ng. the Lyman fanny on au'o'hopiie iiu'
and thu Lynams regarded Mr.. SharI
ley as a member of the family.
Mr.. Lyman told OF Mr.. Sharpe
sending for him on April %. the da
'er the will was drawn. Mr.. Sharpley. /
" said, first thought OF devisin8 h
farm. in Brandywine hundred, for par
purposes. but changed his MIND. n
marking that some persons had bee
.,sb good or friendly TO him and shou
,,ar be rewarded. Mr.. Lyman enumerat'
90 the provisions OF the will and mention
CA ed advising Mr.. Sharpley regardir
- the creation CT trust fund for Il
benefit Of Mrs. Bird. Directing
70 giving the statement OF dead ma
Attorney Hartman held that. part
the testimony was irrelevant, b
Register Brown overruled the obje
ton.
Mr.. Lyman testified that Mr.. SharI
OF ley summoned him by telephone al
he did not know until he reached NJ
bile Sharpley why the latter had call
gro, him. When Mr.. Sharpley requests
iila- him 10 draw the will Mr.. Lyman as
lden cd whether IL would not be better (
ole. someone else 10 write II and suggest
on Frank l.. Speakman or George
bile Brown. Mr.. Sharpley replied that
wanted Mr.. Lyman TO draw 1t becau
Dphe they had always been friends.
lay Mr.. Lyman said he made notatio
by OF the disposition Of property. but
iped stroyed the memorandum. After tai
huy ing with Mr.. Shsrpley for half an no
ring he went TO his office and wrote
Gus will. Returning TO Mr.. Sharpley's roo
Mr.. Lyman read the will. and J
be- Shaypley understood II perfect
lont, There was no evidence of delirium
,bile. aightiness I'm Mr.. Sharpley's conditi
The and. despite his deafness, Mr.. Sharp
Var heard the reading OF the will
Mr. Lyman declared the prope
agis- was disposed Of without any sugg
orn- ton from him. lie did not disclose
busi- contents OF the will TO others pr
until 10 filing IL. He denied that Mr.. Sha'
ley's body was shabbily dressed
burial and had no recollection OF 81
ing 1--WE will have a game OF pinoc
over this" He did not go to the hos
tai TO see Mr. Sharpley. but memh
aeks OF the Lyman family did. On the w
ears nesday previous TO the drafting Of
a al will Mr.. Sharpley dined at the Ign
rect. home. At that time there was no c
very dence OF failure OF mental capacity
and on cross examination Mr.. Ign
adj stated he did not know who ca
gner for him 10 come ana make tho '
/ n "A .h.,. ~