ars and
asked him to go for his lawyers, who were Dickson & Brown. White
departed on the errand and returned in about an hour with Littell.
"The butler let them in and knew the latter.
"The nurse heard the testator ask White why he had not brought his
lawyers, to which White replied that they were both out of town. The
testator then instructed Littell as to the provisions of the will; his
voice was very weak and the nurse could not distinguish what they were.
Littell then left the room with White, and they went to the library,
where the butler provided them with materials for drawing the will. They
returned to the room of the testator and Littell read the will to him.
The nurse was standing in the embrasure of a window near the bed and
heard the will read. She remembered distinctly that as read by Littell
it gave to White the ten thousand dollars the testator had promised. The
testator did not read the will himself, he was not able to do so. The
will was thereupon duly executed by the testator and the witnesses, and
the former directed that it be given into the custody of Dickson &
Brown, who, as afterwards appeared, were named as executors. The
testator died that afternoon. I did not in any way suggest anything to
the nurse about the provisions of the will,--merely asked her if she
remembered them and she volunteered the statement about the bequest of
ten thousand to White. She did not even know that the will actually gave
to him a hundred thousand, for she had never given it further thought or
heard of it again. I visited the law firm of Dickson & Brown, and from
them learned that after the death of the testator but on the same day
White had delivered the will to them and also that they were neither of
them out of town on that day.
"Six months after the death of the testator they distributed the estate.
White received from them his bequest of one hundred thousand dollars and
deposited it in the bank as I on inquiry learned; within a week he
withdrew fifty thousand dollars and the succeeding day Littell deposited
that amount in a bank in Jersey City, subsequently withdrawing it and
depositing most of it--forty-odd thousand--in his own bank in this city.
This latter fact I learned from his New York bankers and through them I
was enabled to trace the deposit in the Jersey City bank, from which
bank the transfer had been made direct.
"The witnesses necessary to substantiate the foregoing facts are all at
hand and
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