30 Apr 1907 Ellwanger Will Contest D&C

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30 Apr 1907 Ellwanger Will Contest
D&C - UNDUE INFLUENCE, the documents Nona of tha...
UNDUE INFLUENCE, the documents Nona of tha lawvers cared to be absent from the hearing for thai purpose, and Mini Langstalf -was -was ft l fC AlT11Of t T1 mc Glider chaw of Andrew I.udolph, NAYN I (IN I h I AN I 'lerk th Surrogate's Court. Mr. Lu-Vllk Lu-Vllk Lu-Vllk AMIItIlTlll dolpU bore the unwonted lionor until 4:15, when he "was relieved by Miss I'aliy, one 1 of the atenograpuer. STATEMENT BY ATTORNEY IN j Mis Shearer na asked by Mr. ELLWANGER WILL CONTEST, j m?U: . t. . tan yon remember a time when yon ' caught Mm. Wiliiama by the wrists and RAINES INTENDS TO "REMOVE LTD" twisted them? "So:' Literary Efforts ol Members of Family Family Distributed as Christmas PresentsCross PresentsCross Examination of Miss Shearer to be Resumed To-day To-day To-day Oeorj Raines, representing Margaret nd Haien Ellwanger, minor granddaughters granddaughters of the late George KUwanger, occupied occupied the limelight part of the stage yesterday yesterday morning at the hearing in the contest contest of the will of the veteran nurseryman. I'ntil yesterday the trial had been conducted conducted along conventional lines and n.) particular plan of action bad been promulgated. promulgated. Margaret Shearer occupied the stand all day. Her testimony in the moruing session session developed nothing more than what he had stated during the. two days' examination examination which she had undergone. She tnld details of the home life of the elder Ellwangers and particularized the relation of vade tnecutn in which she stood to the testator. . Mr. Raines took exception to sn apparently apparently harmless question, and in the course of the argument which followed slated that the theory upon which counsel for the contestants are working is that iu November, l'JtM, when the testator's alleged alleged condition of mental and physical weakness became apparent, George D. Ellwanger, William D, Ellwanger and other relatives of the elder Ellwanger combined combined to control him and his disposition of his property and to deny access to any of hi probasle heirs who were not In agreement agreement with their purpose. "It Is time to take the lid off and expose expose this conspiracy," said Mr. Raines. He amplified his statement by quoting parts of Miss Shearer's testimony. Proponent's counsel made light of Mr. Rainea'a accusations and the answer which precipidated the tilt was striekn from the records. The witness tnld of several occasions when the testator had talked with his two sons and had been persuaded by them, she said, to sign papers which in Miss Shearer's opinion, he was not able to understand. understand. Whistle Was Taken Away. Miss Shearer told of a whistle that Mr. Ellwanger carried to summon her to bim if she needed her attentions. "When did he get the whistle?" asked Mr. Desmond. ''In Europe several years ago." The witness said that the testator had told her that when the whistle blew It was for her. On one occasion when George II. Kllwanger and his wife were In the library with their father the whistle whistle was blown. The mine returned, she said, to find Mrs. Ellwanger with the patient, who was much excited. George H. Ellwanger was in the hull putting on his coat and rubbers, talking rapidly. George Ellwanger said to witness: "fome here, Maggie, and sit down by roe," indicating a place. "Mr. George went out and slammed the door," said Miss Shearer. "What became of the whistle?' asked Mr. Desmond. "Shortly afterward It was taken from him. Mr. Ellwanger asked me where the whistle had gone, and then I noticed for the first time that it was gone.- gone.- I asked Nurse Williams about It. 'I never saw the whistle again. Mrs. Williams told Mr. Ellwanger that Mr. George H. had taken the whistle. Mr. Ellwanger said he was sorry." The witness fixed this date as shout the second winter of the testator's illnss. Miss Shearer, in answer to questions, aaid that Mr. Ellwanger wore a sort of fur mitten all the time of his last illness. "Was there a time when he had some papers in his pocket, and Mrs. Williams spoke to you about theni?' asked Mr. Desmond. "Yes; in the winter of 1006.' "What did Mrs. Williams say about these papers?" Objection to this -,vas -,vas sustained. Witness Took Papers. Miss Shearer then said she took the papers from Mr. Ellwauger's pockets at J.r. William's request. "Did Mrs. Williams say she was ordered ordered by George H. Ellwanger to make the request?" Objection was sustained, even after Mr. Raines, read from the records Mr. Williams's testimony isayiij that ho had taken these papers, the Court ruling that those was hearsay evidence In a new form, the question was propounded, propounded, and Miss Shearer answered tint the papers were delivered at. the ordnr "f George II. Ellwaujw, through Mrs. Wiliiama. "Was there a time wheu Mrs. Wiliiama said anything to you 'about there being a pbability of a big fight over the will of George Ellwanger?' asked Mr. Desmond. Desmond. "Ves, sir." Witness could not fix the date, except approximately. ' "Was there a time when George II. Ellwanger Ellwanger talked with his father about Christmas gifts?" "Yes, sir." Miss Shearer said that she heard George H. aay to his father, the first Christmas after the letter's illnees, when the testator testator wanted to send a few present to Mrs. I'erkint aud other friends, that expense of running the house were so heavy they could not afford it. The witness told of George II. Ellwanger' Ellwanger' examining record made by Nurse Langxtaff. On one occasion, she eald, he looked at tho record, theu threw It across the room bohind a couch. Questioned as to Antecedents. Mas Shearer's cross-examination cross-examination cross-examination began yesterday afternoon. She wa subjected to a rigid course of question about her antecedent antecedent and the circumstance attend-in- attend-in- attend-in- attend-in- her entering the aervice of the Ellwanger Ellwanger family. She aid that she had ome experience as a nurse brfr coming to Rochester, but that .he wa. tn?aged by the Ellwanger family a a aecond girl At this point Attorney 0. J Bisell suggested that the witness refer to the senior Mr. Elwanger as "the testator" Mr. Raines thought that "George H " would suffice to diatiugiiish. between the person referred to and Mr. Bi.saen (ailJ with some emphasis, "You wouldn't be satisfied with anything." Shortly after the opening of the ejion the Court anuounccd that Miss Langstaff, one of th Bursas who attended ir ,;.' wanger during hij last illitew,, ad requested requested permission to inspect the clinical chart which were taken by order of th Court from the custody of the proponent tt was suggested that an attorney repre-lenting repre-lenting repre-lenting each aids of the ease b present while Miss Langstalt -was -was looking o.er No Poison Pills or Poison Talk. "Did you ever show Mrs. Williams pill alleged to be poison which had been placed in Mr. Ellwanger' bed?" Never." "Did you ever make any charge against any one of attempting ro poison th testator?" testator?" "Not that I remember." "Were your relations with Mn. Williams Williams cordial?" "Yes, perfectly so." "Did you ever strike her?" At thi point counsel for the contestants contestants explained that Mrs. Williams waa a sister of Mrs. George H. Ellwanger, one of Ilia execulors named in the disputed will. "No, I never struck her." (This answer answer was accompanied by a particularly lolemn asseveration). "What do you recall about the author- author- ahin nf the hnoUa sent aa t'ltriatmas Dl'eS- Dl'eS- j ents to Margaret and Helen Ellwanger I by Mrs. Williams on December -.", -.", "One was written by George H. Ellwanger Ellwanger aud the other by William D. Ellwanger." Ellwanger." "Did either of the girls visit Mr, Ellwanger Ellwanger that day?" "Margaret called to thank him for His gift." Gifts for Grandchildren. "What did Mr. Ellwanger ay after Margaret had gone?" "lie said he wanted his little girls to have $10 aDiece.' "Did they receive it?" "They were telephoned for and Mrs. Williams gave them the money." "Do you recall ever saying to anyone that if you had charge of the testator for a week you would kill him?" "No," emphatically. ' Hf,, Uuiinir th aiaml Miss Shearer whs called upon to give an account of a visit paid to the testator December 31, ltsi.'). "Joseph Huun and George H. Ell-1 Ell-1 wanger," said the witness, "came to the linnue on that dnv and Mr. George asked me bow his father felt. I told him he was pretty miserable and Mr. Hunn said 'we won t do it to-day.' to-day.' to-day.' Mr. George said, "yes, we will,' and Mr. Hunn replied let's wait until your father is better.' Mr. George answered 'the doctor say he never will get better.' After that Mr. George said to me, "Maagie, go dress father.' I dressed Mr. Ellwanger and brought him into the library, where he signed some paper." At 5 o'clock court wa adjourned until 10 o'clock t'ui morning. TRANSFERS OF REAL ESTATE Daily Record of Changes in Ownership Ownership of City and Country Property. The following transfers of real estate were filed In the office of the County Clerk yesterday: yesterday: John T. Duncan and wife to George Bickel, property in Heiupei place; It. Urg B. N'oelh anil others to Kltssbern B. Cnilaghun, property lu Thayer txet; ' lvmlmVk Oewbger to Frederick ersler, prop,rtj- prop,rtj- In North street; $1. John Ij. Koehler to Elisabeth Wehle, properly properly In lrowlequolt; 1. ,. Henry Lester anil wife to C. R. Wilbur, properly lu Horteus street; ft. Rachel l.ipsky to Valniain Landau, property property in Joiner street; L (' Frank Heed anil wife to George . Retthel ana wife, properly In city; 1. Ellen J. Bennett to Herbert J. Bennett, property In Rweaen; 1. C Frank Reed and wife to Mollis R. La-Force, La-Force, La-Force, property !n Ulcklnson street; II. Albert Baiter to Myron Baxter, property in Hamlin; l. David ('. Colbert and wife to Plet.ro Lorn-DaMI, Lorn-DaMI, Lorn-DaMI, propertv In Nassau street; 1. David C. Colbert and wife to Ellas E. Hnle, uropertv In West svenue: It. Llua S. Marsh to Imvld C. Colbert, propertv propertv In South Ooodman street; II. AVllltsm Mi-Permott Mi-Permott Mi-Permott t Charles McDermott, property In Gates; It. Charlotte R. oils to Elwell fl. Otis, prop, eity In Hates: t. Mnry K. Clancy to Mary E. Smith and one, Ipropert? In Spencerport; 1. (leorgo A. (illletfe and one to Amort w. Rowell, property In I-enox I-enox I-enox stret; 1. Otto R Rohr snd wife to Arthur Rear and wife, propertv In Miller street; It. John Karwetck and wife to Caroline Kar-welck. Kar-welck. Kar-welck. property In Ratiber street; II. Hvmnn Uililmnn and wife to William R. Chaillce, properly In Joseph avenue; It. William R. Chaillce snd wife to Hyman Goldman, property In Monroe avenue; II. Margaret Anns Kern to Frederick William, William, propertv In Hartford street; 110. Kllssheth Ksniplnski to .lohsnn Czechan-sky, Czechan-sky, Czechan-sky, properly In Second stret; II. i'sslmlr Csechansky and one to Kllssheth Knniplnkt, property In Scorn! street; $t. Caroline Karwelok to Kamllne Karwelek, property In Runner street; It. Meal' Home Company to DHos D. Brlggs, propertv In Pembroke street; It. Frederick J Clsrk snd wife to Charles K Clark, property In Troup sti-ert; sti-ert; sti-ert; II. Otto F, Marsohke and wire to Christian J. Forkel snd wife, property in Remington siroet; it, Monroe Avenn Dime Banking and TMin Association to Frank U Flshhsugh, prop erty In cM: II. Frank Hwenfeld snd wife to Rostra Hoseufeld, propertv In Webster: $1, Frank Hosenfeld snd wife to Dionyslus Hoseufeld. property In Webster; 1. Henrv Herman snd wife to Frank Hosen-feld Hosen-feld Hosen-feld snd wife, property In Webster; 1. Twls W. Tlllnker and wife to Wesley O. Wlncusnl, property In Rigs; 11. Eighteenth Ward Really Comnnnv to W1. limn D. Whaley, property In Shafer street: II. Philip Keen and wife to John P. Flu-gerald Flu-gerald Flu-gerald and wife, property lu city l. Kmlly Weed IToljister to Merrltt W. Havnen. property In city: It. Albert W. Rowell to Geocae A. Olllette and oue, property In Inon street; It. Greinke-Ghysal. Greinke-Ghysal. Greinke-Ghysal. Miss Mary C. Ghysal and Frank Albert Greinko were married Wednesday evening, evening, April 24th, by Hev. Rr. Carl Nicholas Nicholas Conrad, at hi residence. The attendants attendants were Mr. and Mrs. J. O'Brien. A 25c. Bottle ol Kemp's Balsam i Contains 40 DOSLS, And each dose is more effective than four times the same quantity of any other cough remedy, however well advertised and however strongly no. ommended that remedy may be. Bemember always that KEMP'S BALSAM is the Best Cough Cure. It has saved thousands from consumption. consumption. It hu saved thousands of live. At all druggist', 25o., 60c. and $1. Don't accept anything !. M

Clipped from Democrat and Chronicle30 Apr 1907, TuePage 11

Democrat and Chronicle (Rochester, New York)30 Apr 1907, TuePage 11
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  • 30 Apr 1907 Ellwanger Will Contest D&C

    Dianaajohnson – 03 Dec 2016

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