ented the following, 1.—That he is a citizen of the United States, and a resident of Woosung, China, and within the jurisdiction of this Court.
Q—That the decadent, Mary Bennett, was, ab the time of her death, and for many yeats prior thereto, the wife of this contestant.
3.—That he objects to the alleged will, and contests the probate of the same for the following reasons (a.) That it is not the will of said decedent.
(b.) That the said alleged will was not executed by the decedent when she was in sound and disposing mind.
(c.) That it is not legally signed, acknowledged, or witnessed.
(4.) That at the time of its alleged execution, the decedent was a married woman, without the legal power, right, oF authority to make, or execute any" will without the consent of her husband.
(c.) That at the time of the execution of the alleged will, the said decedent was not the owner, or possessed of any property subject to testamentary disposition by her.
4.—That for more than twenty years prior to the death of the decedent. she and this contestant were husband and wife. and the property of every kind or character, owed, possessed, or controlled © by either of them, was acquired during the Period of such marital relation, and was, and is, under the law, the property of this contestant. for more than twenty years, prior and to the time of the death of said decedent, this contestant did furnish all the neesssaries of life, together with money, clothing, and such luxuries as is usual among people occupying their position in life, and did furnish her with " good and comfortable home, all at his own proper charge, cost and expense, and all propsriy was acquired by the work and labour of this contestant, and all payments for the same made out of his money, and the said decedent never, at any time, had owned, or possessed any' property otherwise acquired.
Wherefore this contestant prays that the sid will be declared null and void, and that the same be cancelled by this Honourable Court, and all property be adjudged and decreed the sole and separate property of this. contestant, and for his costs, and all farther and proper relief, The answer of the executrix to the deceased read as follows Julia Wortmann, the wife of Robert Wort-mann of Shanghai aforesaid and the executrix secking to prove the lust will and testament of the above deceased, after rending the bill of objections to the said will filed by George William Bennett, answers respectfully as follows 1.—The respondent admits paragraph 1 of the said objections.
2—The respondent admits that at the time of her death the deceased was married to the contestant, such marriage having taken place on the third day of August one thousand nine hundred by civil contract. The respondent eravas leave to, refer to the said contract for the exact terms thereof.
3.—The respondent denies exch of the allegations A, B, and © contained in paragraph 3 of the suid objections. The fol-Heving are short particulars of the eireumstances under which the said will was made:
Between the hours of ten and eleven in forenoon of the first day of June inst., the deceased, who was then lying ill at the General Hospital in Shanghai, expressed a desire that a lawyer should attend her to make her will. 4 solicitor was accordingly sent for and he prepared the said will in the presence of the decareed and according te the decowed's instructions, The said will when prepared was rend over to the do-ceased, who signified her approval and ex-sented and acknowledged the same to ver Inst will in the proseness of the two wit-noses, who then subscribed the will in her 4.—In_ reply to allegations D and 1 of Paragraph 3 aforesaid this respondent, while admits thet the deco-sed was martied to the contestant in s much as the said marriage had never been Tegally diss solved, denies the allegation the do.
sod awas without pi ight authority to execute any will without the consent of her husband or that th> deceased was not the owner of ar possesse an perty subject to testamentary disposition by her for the reasons hersinifter appaar-
5.—This respondent denies that vor mare than twenty years prior to th death of the deceased she and the contestant were inno band and wife and denies thit. the property of every kind or cheraster owned or possessed or controlled by either of them Ww: acquired during the perind of such ma relation. At the time of the siid marri the deceased was on the contrary possessed of considerable menns.
6.—In reply to paragraph 5 of the said objections on the tirenty-seventh day April one thousand nine hundred and three differences having arisen between the contestant and the devessed an agreement was entered into between thei whereby the contestant transferred all his interest in the Woosung Hotel business which was then carried on by them jointly to the deceased in consideration of the sum of one thousand
Text read from the printed page and cleaned; old type leaves the occasional error.