Evening journal., 1923-01-03
SHARPLEY Will
AGAIN ATTACKED
Registers Approval of In
Strument Confessed Be-
fore Superior Court
ARGUE FOR AND
AGAINST MAKER

Argument was. begun before Chief
Justice Pennewill and Judge Har-
rington, in Superior Court this
morning, on the appeal from the
decision OF Register Of Wills Isaac
r. Brown in the matter OF the petit
ton for the review OF the probate
of the last will and testament Of
Elwood Frank Sharpley. deceased.
dated April "a, 1920.
Robert c. Hartman is attorney for
the contestants and william S.
Hilles, David J. Reinhardt and Frank
L. S2eakman for the propounders.
The register sometime ago upheld
the will
Inc contestants maintain that the
deceased did not have testamentary
capacity al the time he executed his
will. Mr.. sharpley died Of pneu-
monia about a week after making
the will. .
Mr.. Hartman. who first addressed
the court. analyzed the great amount
Of testimony heard before the Reg
ister OF Wills and which had been
thoroughly read by the court before
the starting OF the argument.
Mr.. sharpley, Mr. Hartman CON
tended, was so III that he virtually
collapsed after signing the will and
did nol see the two attesting wit
nesses sign the instrument Attor-
ney for the contestants referred to
testimony 10 show that Mr.. sharp
ley did not have documentary ca
pac.ty. H spoke of the testimony
thai showed the extreme illness Of
Mr. Sharpiey from pneumon p. The
argument was entirely upon the tes-
timony Is produced before the reg
lister.
Mr.. Hartman commented that the
Sharpley estate was valued at about
$4,000 and that about two-thirds
Of it was left 10 the family Of Will
Liam T. lyman, a lawyer. and close
friend Of Mr.. Sharpley. Mr. Lyn-
am drew the Sharpley will.
Mr.. Hartman attacked, the testi-
mony that was given by Mr.. lyman
al the registers hearing and en-
deavo-ed 20 show inconsistent es IN
the testimony Of witnesses for thu .
propounders.
Il was contended by Mr.. Hartman
that. from the evidence The will
was not read TO Mr. shsrpiev after
u was drawn by Mr. Lyman. He
argued that u is requ red that the
-estator must read or have read the
viii 70 him after its drafting.
Mr.. Harman presented 70 the court
his brief which. he said. was pre-
,-se'y the same as the one presented
10 the REG ster of wills. II took up
ne leCa. rcQu rements in such cases
and cited authorities.
Testimony 20 show the seriousness
'f the condition or Mr.. Sharpiev
about the time OF the executing Of
tho will was r. ted by Mr. Hartman. 4
The contestants are Howard r .
l7i Elwell L. Springer. Rebecca J.
3 RI and Mary J. Jones. They were
present IN the court Mr. Lyman
i.so was present for a short time.
Mr.. Harman closed his argument
AZ Il 30 o'clock. Mr.. H.lles first
ook up the argument for the pro-
Founders pointing out that Mr..
Sharply was unmarried that his par.
snts were dead. and that he had no
home OF his home. He was a teller
n the Union National Bank and was
It his work three day before he
made and signed his will
The attorney impressed the close
elatlon OF Mr.. Sharpley. Mr. Lyman
md the late John NJ c. Rodney and
he fact that Shsrpley and Rodney.
'eing bachelors. practically made
he Lyman home their home. He
poke OF the extremely close friend
hip Of MeSsrs. Lyman and Sharpley.
Mr.. Hilles pointed out the facts
hat showed that MIR. Sharpley did
lave tcstsmentary capacity At the
ime he made his Will. refuting the
rgument OF Mr. Hartman.
During his life Of 81 years there
'as nothing Of any mental disease
r defect in the condition Of Mr.
harpley or In his family. but on
he contrary, he was somewhat about
he average in respect-to mentality,
he attorney said.
Mr.. Hilles upheld the testimony Of
lr. Lyman. that he had read the will
, Mr.. Sharpley after drawing f.
he attorney analyzed the testi-
Tony offered before the Register Of
wills and strongly urged that Mr.
harpley had testsmentary capacity.
The argument will be resumed this
fternoon.