The Rabbitt Will Case

The Mary Kabbitt will case frona Dexter oeoupied tbe attention of the probate coart Monday and Tnesday and Jndge Newkirk fiually decided not to admit the will to probate. The oase will be donbtleas appealed to tbe oironit conrt and will oorne op for trial in Ootober. When Mrs. Mary Rabbitt died, besides her family of two sons and tbree daughters, she left an estáte the estiinated value of wbich is $60,000. She also left a will by the terms of which her daughter Mrs. Mary Catherine Miranda, of Detroit, Mrs. Marica Schuier, of Chicago, and Miss Rosa Rabbitt, of Dexter, were to receive $500 eaob, ber insane son Joseph Rabbitt $5, and tbe enrire balance of ber estáte to her son Thomas Rabbitt. The ohildren who are thns left out in the oold contested the will on the grounds of inoompetenoy and nndue influence. Mrs. Maria Scholer swore in ber testimony that John McGninness, her inother's brother, was iusane and tbat Josepb and James, ber own two brothers were insane. The most important part of her testimony from the oontestants' standpoint was as follows: "Mother aoted queer at times. Called it eolio. She was siok for an honr or so. Her mother had it. Would have it once in foor or five years. It wonld be very severe. Sbe had raving spells. Aboot 10 years ago she was off for 18 rnontbs. She was afraid that somebody was going to kill ber and that somebody was going to break into the house. Sbe also thought ber son Joseph was president of the United States. After James died she said she bad seen bim and tbat he had cbanged so muoh sbe would not have known bim. Jast before this will was made motber had strange delusions. She thought a poisoned stick had been placed where sbe could piek it op. I remember Thomas coming in onoe and standing by the stove. She said : 'Now, Torn, I want yon to divide witb the girls' and be said 'Yes, mother, I will do what is right. ' " Mrs. Mary Miranda swore that Torn Rabbitt tried to get bis nnole to influenoe Mrs. Rabbitt to sign the property over to him, bat she said ebe had other obildren as well as him. Further "I beard Torn saybe wonld pnt a gnardian over her aboat 13 years ago. Wben Torn would come into tbe honse if she was talking sbe would stop as if sbe was afraid. When she was sick sbe manifested fearof him and askedme to take oaie of her. The next time I carne baok sbe said sbe had made a will wben sbe had her band taken off bat did not know what was in it. When Bhe was very siok she was sitting up in bed and looking towards the door said: 'G-ive the wil] a test anyway.' She often had me look over tb 3 papers to see if thoy were all right bnt after her hand was taken off, Torn took the papers. (The will was made jast prior to this operation on the band)." Sbe theö gave sqme evidence as to trouble between Torn and bis mother and conveyed the idea that Mrs. Rabbitt was afraid of Torn. The proponents did not put in any rebuttal testimony and the case was submitted witbont argument.