23 Jan 1908 Ellwangen Will Contest D&C
AND CHRONICLE. d- ELLWANGER CASE TO BE SUHHED DP LAWYERS WILL TO-DAY TO-DAY TO-DAY BEGIN REVIEW OF EVIDENCE. MR. RAINES MAY NOT BEAR ALL Attorneys Tell Surrogate Brown It Will Tske Six Full Days to Sum Up-Raines Up-Raines Up-Raines and Sutherland Each to Speak Two Days, It is Thought Humming up in the George Eilwauger will .mutest will begin this morning at 10;:io o'clock in Surrogate" Court. The iaattr was down for vesterdav mornim? Mclri'- having been adjourned from Monday be- be- cause of the abaeuce ,of George Raines, who i engaged In a murder case In B:i- B:i- tavia, Ear the same reason, adjournment waa taken yesterday to to-day. to-day. to-day. The summing up will proceed to-day to-day to-day whether unorge names is present or not, It is said. When John Desmond asked for a further further adjournment yesterday morning Wil. Ham A. Sutherland put in a strenuous oh-jection. oh-jection. oh-jection. He eai.l, Mr. Raines had an en-gagement en-gagement en-gagement in Binghamtou for Monday and It gne case waa not. summed up now it would have to go over lo fall. Mr. Sutherland will assume hi duties a attorney attorney for .the Public Service Commission February 1st. Mr. Desmond said yesto.--day yesto.--day yesto.--day yesto.--day afternoon that as far aa tha proponents proponents were concerned the case would b ready to gn on with this morning. Surrogate Brown inquired of the attorneys attorneys how long they would each take for his summary. Mr. Bacon said lie would take on hour. Mr. Bowman two hums, Mr. Deeinond half a day, Mr. Sutherland two days, and Mr. Desmond -said -said Mr. Raines would take two days. Mr. Bitevt and Mr. Bowman will sum up thia morning morning and Mr, Desmond will begin this a'ter noon. Mr. Raines will probably follow Mr. Desmond and Mr. Sutherland wit! probHhly sum tip last, "if Mr. Raines can not, be present during the entire summaries, summaries, the programme will be altered, rt allow him to sum up when he can. Iu all probability the case will continue all day Saturday. ' The original will divides the $3,000,000 estate of the aged nnraoryman into three bout equal bflrcs, one for his son Gsn-fre Gsn-fre Gsn-fre IT. Eilwauger, now dead; one for William D. Ellwanger and one share to r divided between Helen aud Margaret Elhvanger. daughters of a deceased son, Edward Ellwanger. The codicil dinnse (he bequests bequests to the grandchildren slijjhfly. The third codicil, over which the eoi'tesr is waged, cuts the grandchildren off !ih about $.ooo. ' A great deal of KensiilionaJ testimony has been brought out by the contestants, represented by Mr. Desmond and Mr. Raines, in their effort to slww that tf testator was incompetent when the lust codicil was made and was nndu'y in-fluenced in-fluenced in-fluenced b George II. Ellwanger end William William D, Ellwanger. The proponent of the will and codicil are represented by William, A. Sutherland, chief counsel John P. Bowman and Henry Sel Ion I5;i con.