About $350,000 Goes to Found School for Girls at Norwood.
Judge Marston of the supreme court yesterday discharged the issues in the matter of the contest over the will of Henry O. Peabody, the Inventor of a rifle bearing his name, and allowed the will of the testator.
The case was fought bitterly, two trials having been had before judges. The first resulted in a verdict for the contestants, breaking the will, and the second in a disagreement. The latter trial was the result of the setting aside of the verdict in the former by Judge Braley of the supreme court.
The relatives named received the income of $40,000 under the will, that amount to revert to the bulk of the estate on their decease.
Under the will, the bulk of the estate, valued between $350,000 and $375.000. was left to found an Industrial school for girls at Norwood. So that institution will now benefit unless on an appeal to the full bench the decision of Judge Morton is overruled.
The contestants were Jacob I. Peabody, Asa L. Peabody, brothers, Hannah M. Sawyer, sister, and Clara A. Casey, niece of the testator. They based their contest on the allegations of unsoundness of mind of the deceased and undue influence on the part of J. Emery Harriman, who was interested in the sale of the tract of land for the school.
His honor found that the will was not procured by fraud or undue Influence on the part of Mr Harriman.
The court could not see how the first jury reached its conclusion or how the second jury failed to agree. By agreement of counsel, he considered the evidence with the same effect as if the case had not been tried by a jury.