Perth Amboy evening news., 1924-08-16
VERDICT FOUND
IN M|DDLESEX
Is SUSTAINED
Noted Writer and Sister Wins
Battle in .Prerogative
Court
ESTATE TO CHAUFFEUR
Metuchen D0ctor-AmOuntS
to Over $100, ,000-Long
Legal Battle
ESTATE TO CHAUFFEUR

TRENTON, Aug. 16-The pro-
ceedings brought by the widow and
sisters of the late DR.. Charles M.
Freeman, of Metuchen, to upset the
will made by him. in which they
were practically cut off from the pro-
visions, has just resulted in a victory
for them in the prerogative court
here as the result of an opinion filed
by Vice Ordinary Buchanan. He sus-
tains the decision rendered by Com
mon Pleas Judge John P. Kirkpat-
rick in the Middlesex county court
to the effect that when DR.. Freeman
made the will he lacked testament
tary or mental capacity. The estate
amounts to more than 100000 and
was attacked by the relatives because
the great bulk of 1t was left to Harry
Mohring, who acted as chauffeur for
the doctor during the last year of his
life.
The suit was brought by Mrs.
Mary e. Wilkins Freeman. the
! widow. who is also a we'll known au-
fthoress, and the four sisters of DR..
freeman. They are Sallie B. Free
man, Nellie B. Freeman. Jane Free
man and Augusta Freeman.
In the will. which was dated July
12, 1922. the sum of one dollar to
Mrs. Freeman, $1,000 to Lettie Pat
erson, an old colored servant, 5000
70 each of the four sisters, $4,000 to
Mohring and then 1t was provided
that the rest of the estate should
also go to him.
Attack was made on the docu-
ment on the grounds of fraud. un-
due influence upon the part OF Moh-
ring and lack of mental capacity be-
had haan1
undermined by excessive drinking
for years. In support of this 1t was
shown that Mohring and his wife
had kept house for the deceased for
some time before his death and after
he had become estranged from his
wife and sisters. It was also de-
veloped that at the time the will
was executed those present were
Louis Mohring, father of the chief
beneficiary; Mr.. and Mrs. Harry
Mohring, their children. Lettie Pater
son. This took place in the home
of lawyer named Davey. who prac-
tices in New York and lives in Belle
! willie. He and his wife were also
there.
Judge Kirkpatrick found that Mob
rings testimony showed he had ex-
ercised no influence over Freeman
and 1t was also held that the law
per appeared to have acted In good
faith in executing the will. so that
there was neither improper influence
nor fraud involved.
The Kirkpatrick decision to upset
the will was based upon the fact that
DR.. Freeman had twice been sent to
the Trenton State Hospital for the
Insane because of alcoholism and be-
cause of the testimony of Drs. Cot
ton, medical director of that institu-
ton: Ramsay. of Perth Amboy. and
Ellis, of Metuchen. all of whom
knew the deceased well and said
that he was mentally incapable OF
making a will at the time this one
was drawn In 1922.
In addition to that the orphans
court said the document by its pro-
visions indicated it was the work of
a disordered mind. First giving
Mohring $4,000 and later making
him the beneficiary of the estate
after all obligations had been met.
Judge Kirkpatrick also cited the un-
natural course he took in denying
the proper claims of his wife and
sisters to their share of his property.
!. Vice Ordinary Buchanan's findings
(upholding Judge Kirkpatrick's opin-
ion rest almost entirely upon the
latter's reasoning. However. he fall
ed to agree with the view of the or
phans' court that there had been
no evidence of undue influence.
(Continued on page 3D.