Page:United States Reports, Volume 209.djvu/292

 OCTOBER TERM, 1907. Statement o! the Ce. 209'U. S. The paper writing in controversy was witnessed by three cre&ble witnesses, all of whom te.tified as witnesses for the cavestees. From their testimony it appeared that on the twenty-seventh day of Ap, 1898, Mrs. Loraine Lipphard brought the writing to the office of Mis Parker, one of the at- testing witnesses, with whom she had long been acq,alnted, and told her that it was her hst will and testament, and that she wanted it attested by three witnesses.. Two other witnesses with whom she was also acquainted, one of them for forty years, were procured, and all three being present, testatrix declared the paper writing to be her will and signed it.by her mark thereto in the presence of all. the witnesses, and they signed their names thereto as attesting witnesses in her prea- enee. The testatrix was at' the time of sound mind and capable of realring a valid deed or will. The will was not read in the presence of the witnesses, and after the testatrix had sub- scribed her "mark" and the will had been witnessed, it was handed to her and she took it away with her. After Mrs. Lipphard's death the will was produced by Rev. Mr. Meador and given by him to n attorney, who lodged it in the office of the register of wills. Evidence was adduced on the trial on behalf of the caveators that Mrs. Lipphard could not read or write; that she was a licensed midwife and had a great number of cases; that the title to the real estate devised by the will was originally in her husband; that in March, 1857, he put a trust on the property, and it was subsequently sold thereunder; that he afterward took title to the property and again it was sold, and then the title was taken in the wife's name. The husband's testimony tended to show that he was improvident. Testatrix was an energetic womn and a geod wife. Part of the property when purchased was vacant land. In 1894 this land was improved by two. houses. Testatrix made the contract for the erection o'f these houses and attended to the building of the same. The husband and wife had lived kapply together for sxty-five years'.

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