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WILL SET ASIDE.The Delaware Jury Believe Granville Ellison was InsaneWhen he Bequeathed Five Acres of Land and $3,000 to Daleville—Nine Days Trial Resulted in Favor of Heirs.We. the jury, find'for the plaintiffs.”Thus terminated the Ellison will ease at 3 o'clock last night after a trial lasting for nine days. The verdict of the jury means that the will must be set aside and the bequest made by Granville E.llison to the citizens of Daleville. the sum of 000 and a five-acre site for a public library, will revert to the contestants, John Ellison, of Leadville. Cob. and Mrs. Emma Hoppes of Daleville, son and daughter of Granville Ellison.The case was one of the most strongly contested tried in recent years in the Delaware Circuit court. About seventy-live witnesses were examined during the trial. There was but one point under contention, the condition of Granville Ellison's mind at the time he made the will on Nov. 15, 1300.It is evident that the plaintiffs1 attorneys proved to the jury that Granville Ellison was of unsound min'd. The main point of the plaintiffs was that Ellison's insanity was hereditary. It was shown that his mother had been insane and that his grand-mother was a raving maniac. Granville Ellison was not thus affected until his later i years. At the time he made the will he was very old and feeble.The bequest in itself was an argument for the plaintiffs. The site offered is an undesirable place and has no natural advantages. Many citizens of Daleville do not want the library, claiming that it would simply be a burden upon the people The will provided that the town was to have the bequest when Daleville should be incorporated The method of procedure adopted by each side in the eqse was “similar. Both introduced witnesses who had had business transactions with Ellison ! to show the condition of his mind. Three expert witnesses were presented by each side to prove the insanity and 1 sanity of the old man.The arguments in the case lasted eight hours Judge Ceffier finished ‘ reading his charge to the jurry at 5:40 ‘ o'clock yesterday afternoon After going to supper the jury began its de-1 liberations, which evidently did not last more than an hour The jury was ready to report at s o'clock, but.Tudge 1 Lefiier did not get to the court room until later-.1 The defense will probably make a motion fur a new trial a; once. If this is not granted the ease will be appeal-1 ed to the higher courts. Attorneys ‘ Bingham ,v Long and Frank Feeiy represented the plaintiffs in the case, and Attorneys Mann .v Boss. W. W.1 {Urr and .!. M, Fenwick were for the ' j defense.—Mancie Star. June I-', i .....~
Newspaper Details
Middletown News
Middletown, Indiana, US
Fri, Jun 19, 1903
Page 1
Full Page
Clipped by
Plainfield P.
IN, USA 02 Dec 2024
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