Evening journal., 1923-02-01
court UPHOLDS
SHARPLEY Will
Declares Bank Teller Was
of Sound Mind When
Making Testament
RULING FINALLY
DISPOSES OF CASE


down in Superior Court this morn
ing. affirmed the decree of Register
OF Wills Isaac r. Brown, sustaining
the last will and testament OF tn,
late Ellwood Frank sharpley, dated
April "a. 1920.
The opinion states that The Court
are clearly OF the opinion. from the
/ testimony in the case that Ellwood
/ Frank Sharpley, the testator. was
at the time he made his will. OF
sound and disposing mind and mem
( ory. And. adopting the language OF
the court In the Gordon case, we
say:
Such being our view OF the tee-
timony. We think the Court would
not be justified in directing an is
sue to be tried by a jury 20 ascer-
tain whether the paper writing in
question Is or Is not che will OF ELL
wood Frank Sharpley. While the
Court has the power to direct such
an issue for their own assistance
and information (to enlighten their
own conscience.) 1t Is entirely
within their discretion and should
not be done If It Is clear from me
testimony what their decision would
be-
In the Cummins case, Marvel,
423, II was said:
This court has no difficulty in
reaching a satisfactory conclusion
in this case. without the trial OF
the Issue sought by the appellants,
and the needless and therefore un-
justifabls delay and expense there
Of
And we say additionally in the
present CASE that court should not
evade the performance of a clear
duty and responsibility by impos-
ing the same on a jury"
After Chief Justice Pennewill had
cocluded the reading Of the opinion.
which covered thirty-fve pages OF
Robert G Harman. at
torney for the contestants, objected
that testimony be given by one of
the contestants witnesses was not
read in the opinion. The Chief
Justice informed him that the testi-
mony was included in the opinion.
bua that the Court had not read the
opinion in full. Mr.. Harman endeav-
ored to impress on the court the i'm /
portance of the testimony in ques-
ton, which related TO whether or not !
the will was read 10 Mr. Sharpley
after II had been drawn.
The contestants. Elwell L. Sprin- !
ger. Howard B. Springer, Rebecca
J. Bird and Mary J. Jones. main /
tained that Mr.. Sharpley was not
mentally responsible ~ the time he
made his will. claiming that he was
infrm as the result Of illness from
Tho will was drawn
by william T. Lyman. attorney.
close friend OF the deceased. Mr..
Lyman was made executor and
trustee under the will and his fam 4
ily received about two-thirde OF the /
estate.
Mr. Sharpley was about 81 years .
OF age, bachelor. and was for .
many years receiving teller at Union I
National Bank.
The court reviews the testimony
as presented before the Registrar .
Of Wills. at great length. Re
yarding the testimony that Mr..
sharpley was not mentally respon-
sible when he made his testament,
The opinion states: 1T must he re-
membered that Mr.. Sharply was
not only sick and weak physically,
but was also deaf. II is not sur
nrislng that ne did not talk much .
during that time Very likely' he
did not hear when spoken to and
very likely he did not want 20 talk,
except to certain persons, viz: the
doctor who was attending him and
he lawyer who wrote his will The
testimony is clear and uncontrovert-
ID that he did talk TO them, to the
1ne on Sunday and to the other up
% a short time before his death"
In connection with the prepara-
ion and execution OF the will by
Mr.. Lyman. the Court states;
There can be no doubt that Mr..
lyman, although executor and
rustee, and members of his family
principal benefciaries, under the
will was a competent witness, under
he law Of this State, to prove the
acts about which he testified, no
natter what might be said about
he effect of his testimony. But
while a competent witness. the
aw is we'll settled that under such
instances stricter scrutiny is
imposed and stricter proof Of ca
,acity and voiition required"
After quoting law relating TO this
ubject, the opinion goes on:
But while such IS the law and
while the undisputed testimony
hows that the will was read TO the
estator and he understood it, we
annot refrain from saying 1t would .
rave been better in every way II ,,
ONE disinterested person had drawn
he will. The fact that Mr. Lyman {
vas the close friend and business
dvisor of the testator does not i'm =
rove the situation at all.
Close and confidential relations be- :
ween the testator and writer, when :
nc latter or his family are substan- ,
tally benefited by the will. are more !
pit to arouse than allay suspicion,
specially where the testator is blind
r physically very sick and weak,
o matter how honest and personally =
isinterested the writer may have
cen. Under such circumstances
he best thing for the friend and
onfidant TO do Is TO decline to draw ,
he will IL It IS possible for the testa-
DR. to secure the services OF some
ther craftsman.
If another craftsman cannot be
ecured and the will is written by
eneficiary, il would be well for him =