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Show GOHDOH'S WILL. I Judge Baricli Rendered His ' Decision This Morning. '. j WILL ADJIITTKI) TO L'UOIIATE. H H His Honor Finds Tbat the Testator H Was or Sound Hind. H Ollltl IMIIIMI INI II. H lltil Ilia llsernr.l Sl.n . llrotlirr tie I. is H arnrluu- Inr IVItal lie ssnlil liter H Hie Item!) lludr.-llie lcel I elder H liiieullrts. H Having ttknn Ibe matter under al- lsemenl for seviral days, I'lob.ttu jH Judi'u Ilarltlt today gnvuhls diclslou , H In thu will coutist case In regard to tho ' I H esUlt. uf Malthuv. Condon, deceased. B The facts were rewrttd In tlie columns H ur thuNnvsatthurccent hesrlug lu H thu rebate court. H Tliotestato, was about fllty years of H itgi.unmurled, audrormerly nil fed In H this ilty, his lace of abode H being the Valley House. He M hail btin engagtd In mining ursults, H nu I lu (his ami In other ways nmsksetl lsV kH ii snug loiluiir, which amuuntetl to saH someisheruatiout f5,UJ0. ihe whole asH of this hu lilt tu uiii- of his sisters, n (. M Mrs. (Hills, of 1 urrka, cutting oil his -MM father (who Is ii wards ot elklily yeors H t lagr), lilslrother au 1 another sister H without u cent, anil this without any H at t srent reason. It was on that ac- lounlun tho ground that undue In- H Itueucu had Urn brought lo tear upon IJH thettstalorby Mrs. (Hills, end lhat hu M was lusaiiu nt the tlmu Hits will was ' H tviculed that Ihcsu relatives opposed 1 H Its admlulon tu robatt. s'ttafl Ills Honor renisrked that this will jH wns tontt sled on the ground that un- jH due Inlliienco had been extrclretl upon 1 H the teelainr, nnd that he was not of ( IH sound mind at thu time ol making H Ida will. Hewaauf opinion, however, fjH that the proponents had madu out a ' H strong t rlma facie case. Tho evidence , H of thu atltstlug wituessoa was cloar on H all material olnts covered by tliu H statute. It showed that the will was H wrltleu In the presence of the testator, H nt his request, and that he dictated a H large portion of It; also that ho assented H to Ihe various Items contained therclt. 1 H It further appeared tbat the will waj 1 H first signed ly Ihe deceastd , H himself and thun by thu two H nttesltug wltnessti, at his riquest, ! I H and lu his presence. Those witnesses; H swore thutat the tlmeof Iheexecutloii H ol the will the lielalor waa of sound H mind as much so asover he war, that IH he knew his relatives, and that, so far ' fsl as they could see, no undue lntluencu waa used, Aa lo bis condition for somo H time previous to the making of th-s H will, it was shown lhat he had been H weak, that he drunk heavily, and was IsB nesrly ulwaya under the Intlueuce of H liquor whllu hu resided In Ihla city, M His sister (who lived at l'ureka) waa M sent for, nnd thu testimony went H to show that from the tlmu H she arrlvod here she endeav- H oretl to keep the drink from H her trtilher and havo hliu sober H 1 lually she took him to her home, aud ' H It would appear that after his arrival ' sH tlieru he received nu stimulants, excel t I H such as were administered by dlreo- ' H lion oflilst hyslolsu. M Ihe lOutMlanls Introduced some U evidence to Indicate the extreme , H feehlent ss of the testator both lu mind ; H and Iwdy. As to the fact ol his drunk- h M riinus trevlous to the making of tho 1 ' afl will, If It wero shown that nt the tlmu tf, -, he slgutd that tnslrtiment he wasuf u M sound mind or had lucid Intervals, so 'ni M that lie knew the person whom hu lu- " teudid to bu thu otject of his j , Iwunt, and If he had a char , iM knowledge of his properly, he could ylxH still maku n valid dliosltlou of It. fit"VxB in nis opinion, itio coniesuinis na i , ,is bsh lalled to trove that thu testator was I tf l not ot eound mind at tho time of the ,J ,M execution of the will. I WM Hu had carefully listened to the tcs. I -i M tlmony lu the case, aud while tho will i M seemed rather unnatural In some It .M resect for It was n gnat hardship In M that a sou should entirely disinherit ly jl Ills agetl and decrepit father who waa i w lu need of support yet, under thu I t I; iM law, if hu desired lo do so, and If he i lj wun canu at thu time hu signed his , aj will, there was nothing to (reveut ,S' jlfl him Ho far as thu evidence wont, 1 fl risiitollng the man's brother as having i iSI stood over tliu dead body and using 3 tSfafl thu iqltheta hu did and that ItflH evldencu waa not contradicted hla ' 'UESBH Honor thought such conduct must ''SeB havu been the outouriug of a de- If'TaB I raved nature. Ho could not look VvM aB Uon It In any other llkht. As lar aa till H Hie brother wns toiicerned, tbirefon, lfd sH Ills Honor's Judgment was that thu l')fl,.H testator exercise! "Ihe dlicretlou that I ! xB hu had without reservu." The dead M HJ man stemed to havu had confidence lu i jm H thoBlster(Mis Ulllls) to whom he left I 'ill all Ills possesions tbut alio would I ro- ' BEtM vide for tho father and other Bister, , SlHJ 'Theru certainly were some thlrifis !WJ which throw somo suspicion ou this HfS matter, aud bis own mind was not alto- ' il HJ tether free therefrom as to lulluonca W having been used by Mrs. Ulllls. S There was. howovrr, iio proof that ' TklH she actually used undue lntluencu. ' nil flj ltonly tecamesuch when Iho lullu- HhI fll euce waa carried tosuch an extent that Si SJ thu testator himself was not his own Mi xB freungent In mnkliighls will. IfButh ill a statu of nflalrs did exist lu this cam) It t FJ d waa In evidence, and under all the tlr- 1 iWfli cumstaucts, therefore, hu held that tho ! QniB will should bo admitted to probate, '3 lH |
