Aged Man's Sanity Debated as Nephew Contests His Will

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Aged Man's Sanity Debated as Nephew Contests His Will - Camden Courier-Post, September 21, 1928
Camden Courier-Post, September 21, 1928
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AGED MAN'S SANITY DEBATED AS NEPHEW CONTESTS HIS WILL 'Kidnap' Case Recalled as Islanders Declare E. Camden Cafe Owner Normal LEFT $40,000 ESTATE Attempts to prove that Nicholas Joseph Donahue, former East Camden restaurant proprietor, who died Sept. 12, 1927, was of unsound mind and was unduly influenced when he made his last will are expected to be made at a continuance of the hearing in which a nephew is contesting the will. The hearing was scheduled to be resumed at 1.30 p. m. today in the Camden County Orphans Court, with Judge Samuel M. Shay presiding. Testimony was presented all day yesterday by Raymond Donges, prominent Camden attorney and executor of the will. Because Donahue was declared mentally deficient by a lunacy commission shortly before his death, the burden of proof fell upon Donges as executor to show that the wealthy restaurateur was of sound mind when he wrote the will. The latter disposed of an estate valued between $40,000 and $50,000. Donges had a few more witnesses to present today, among them Mrs. Elizabeth S. Fernan, under whose care Donahue was placed on Chincoteague Island, off the coast of Virginia. Mrs. Fernan is a former Camden woman. The nephew contesting the case is John Donahue, of 2411 East Boston avenue, Philadelphia. He is represented by Carlton B. Webb, of Haddonfield, while Donges is represented by Wilbert V. Pike, of this city. Owned Shore Hotel Donahue, who had no immediate family, originally owned a hotel at Townsend's Inlet, but about 1896, a heavy storm drove the sea up on his property and ruined the building. He then opened an oyster saloon in East Camden, and later bought an old fire hall and opened a restaurant on Federal street near Twenty-fourth. Donahue sold the restaurant and other properties during the 1925-26 real estate boom, and amassed his small fortune. He roomed in East Camden for a short time, and then went to live wth his nephew, John. The latter later claimed that Raymond Donges spirited Nicholas Donahue away from the Philadelphia home on a ruse and took him to Chincoteague Island. With another nephew, Edward Donahue, and a third man, John went to the island, according to previous allegations, and placed the elder Donahue in an automobile and started back for Philadelphia. Mrs. Fernan telephoned Raymond Donges of the alleged kidnaping attempt, and the two nephews were arrested at Dover, Del., on their way back to Philadelphia February, 1927. They were later released, while Nicholas Donahue was taken back to the island. In September, 1927, John Donahue started habeas corpus proceedings in Virginia courts, and secured temporary custody of his uncle. After a lunacy commission quizzed Nicholas Donahue and declared him unsound of mind, the Orphans Court named the Haddonfield Safe Deposit and Trust Company guardian. After Donahue died and the will was filed here for probate, John Donahue filed a caveat against the will. The present hearing is a result of the caveat. Will Made on Island The will, a typewritten document, was executed on the island on May 19, 1927. Provision is made that if any legatee or beneficiary "attempt to have me declared of unsound mind or incompetent to manage my own affairs, to have guardian appointed to care for my estate, the legacy or bequest shall lapse and be void and shall revert to the estate." Raymond Donges was named executor to serve without bond, and was given full power to sell or dispose of the estate, which according to the will, must be converted into cash. The will provides for: Setting aside of $1000 for masses on the souls of relatives of the deceased; replacing of an old monument in Calvary Cemetery with a new one and $2000 provided. An original "tpyewritten" bequest of $1000 to a niece, Mrs. Katherine Cavanaugh, 295 Cedar street, Philadelphia, later was changed in ink to $3000. Various sums of from $500 to $2000 are left to relatives. John Donahue, the nephew, is bequeathed $2000. Dr. Clarence Donges is left $1000. An amount of $5000 is to be divided equally between John W. Donges, Katherine M. Donges, and Raymond R. Donges, Jr., children of, and Marry Hanna, ward of Raymond R. Donges. To the woman who cared for him on Chincoteague island, Mrs. Elizabeth S. Ferman, is left $2000. Educational Fund One-half of the entire estate is set aside and to be held in trust by Dr. Donges, Walter T. Pratt and Katherine Donges, and they are allowed to advance such moneys from the fund as they see fit to young men and women under 25 years of age to be used in obtaining an education. The three are not held responsible for any losses incurred by failure of students to repay loans. The residue of the estate is to be divided among the legatees in proportion to the amount already willed them. At yesterday's hearing testimony indicated that Donahue was unsound of mind only during occasional periods, when excitement or commotion would upset him. Dr. Clarence B. Donges, his physician and adviser, testified he had been a close friend of Donahue for 35 years and had prevailed on the former hotel proprietor to come to Camden and start again in business. The prominent physician further stated that he frequently advised Donahue in real estate deals, and all of them were profitable to Donahue. The physician further said that Donahue did not suffer from any ailment which would incapacitate him mentally, although physically he was ill during the latter days of his life. A number of witnesses from Chincoteague Island testified that they thought him entirely normal. Clarence Derrickson and his wife, Lottie, witnesses to the will, testified, through depositions, that when they saw Donahue sign the will he was entirely aware of what he was doing. Called Easily Persuaded In cross-interrogatories the Derricksons concluded that Donahue was a self-willed man and could not be easily persuaded. Both Dr. Donges and Raymond Donges stated that following the sale of his restaurant he lived in a room, and they told him he should have a more healthy environment. They arranged with his nephew, John, for the latter to take care of the elderly man, it was alleged. Finally, Raymond Donges said, John Donahue said that he did not wish to take care of Nicholas any longer, and the Donges then told Donahue about the island where Mrs. Fernan lived. The attorney said that Donahue had known Mrs. Fernan's husband when the latter was alive and resided in Camden and agreed to the change. So did the nephew agree, said Donges. There was no ruse or secrecy about taking the semi-invalid to the island, where he could get the proper food and surroundings, the Donges said. Donges also introduced a letter purported to have been written by Donahue on the island and addressed to Raymond Donges a short time before the will was made. In the letter Donahue urged his attorney to complete the will. Donges said that for nearly a year before May of 1927 the former restauranteur discussed various terms of the will. In the present will a bequest of $1000 to a niece was changed by pen to $3,000. Donges said that in a former will Donahue gave the woman $3000, then wrote to Donges asking him to change it to $1000. However, when the drafted testament was ready to be signed Donahue himself increased the bequest to its original figure, it was stated.

'Kidnap' Case Recalled as Islanders Declare E. Camden Cafe Owner Normal

LEFT $40,000 ESTATE

Attempts to prove that Nicholas Joseph Donahue, former East Camden restaurant proprietor, who died Sept. 12, 1927, was of unsound mind and was unduly influenced when he made his last will are expected to be made at a continuance of the hearing in which a nephew is contesting the will.

The hearing was scheduled to be resumed at 1.30 p. m. today in the Camden County Orphans Court, with Judge Samuel M. Shay presiding. Testimony was presented all day yesterday by Raymond Donges, prominent Camden attorney and executor of the will. Because Donahue was declared mentally deficient by a lunacy commission shortly before his death, the burden of proof fell upon Donges as executor to show that the wealthy restaurateur was of sound mind when he wrote the will. The latter disposed of an estate valued between $40,000 and $50,000.

Donges had a few more witnesses to present today, among them Mrs. Elizabeth S. Fernan, under whose care Donahue was placed on Chincoteague Island, off the coast of Virginia. Mrs. Fernan is a former Camden woman.

The nephew contesting the case is John Donahue, of 2411 East Boston avenue, Philadelphia. He is represented by Carlton B. Webb, of Haddonfield, while Donges is represented by Wilbert V. Pike, of this city.

Owned Shore Hotel

Donahue, who had no immediate family, originally owned a hotel at Townsend's Inlet, but about 1896, a heavy storm drove the sea up on his property and ruined the building. He then opened an oyster saloon in East Camden, and later bought an old fire hall and opened a restaurant on Federal street near Twenty-fourth.

Donahue sold the restaurant and other properties during the 1925-26 real estate boom, and amassed his small fortune. He roomed in East Camden for a short time, and then went to live wth [sic] his nephew, John.

The latter later claimed that Raymond Donges spirited Nicholas Donahue away from the Philadelphia home on a ruse and took him to Chincoteague Island. With another nephew, Edward Donahue, and a third man, John went to the island, according to previous allegations, and placed the elder Donahue in an automobile and started back for Philadelphia. Mrs. Fernan telephoned Raymond Donges of the alleged kidnaping attempt, and the two nephews were arrested at Dover, Del., on their way back to Philadelphia February, 1927. They were later released, while Nicholas Donahue was taken back to the island.

In September, 1927, John Donahue started habeas corpus proceedings in Virginia courts, and secured temporary custody of his uncle. After a lunacy commission quizzed Nicholas Donahue and declared him unsound of mind, the Orphans Court named the Haddonfield Safe Deposit and Trust Company guardian. After Donahue died and the will was filed here for probate, John Donahue filed a caveat against the will. The present hearing is a result of the caveat.

Will Made on Island

The will, a typewritten document, was executed on the island on May 19, 1927. Provision is made that if any legatee or beneficiary "attempt to have me declared of unsound mind or incompetent to manage my own affairs, to have guardian appointed to care for my estate, the legacy or bequest shall lapse and be void and shall revert to the estate." Raymond Donges was named executor to serve without bond, and was given full power to sell or dispose of the estate, which according to the will, must be converted into cash.

The will provides for:

Setting aside of $1000 for masses on the souls of relatives of the deceased; replacing of an old monument in Calvary Cemetery with a new one and $2000 provided.

An original "tpyewritten" [sic] bequest of $1000 to a niece, Mrs. Katherine Cavanaugh, 295 Cedar street, Philadelphia, later was changed in ink to $3000.

Various sums of from $500 to $2000 are left to relatives. John Donahue, the nephew, is bequeathed $2000. Dr. Clarence Donges is left $1000. An amount of $5000 is to be divided equally between John W. Donges, Katherine M. Donges, and Raymond R. Donges, Jr., children of, and Marry [sic] Hanna, ward of Raymond R. Donges.

To the woman who cared for him on Chincoteague island, Mrs. Elizabeth S. Ferman [sic], is left $2000.

Educational Fund

One-half of the entire estate is set aside and to be held in trust by Dr. Donges, Walter T. Pratt and Katherine Donges, and they are allowed to advance such moneys from the fund as they see fit to young men and women under 25 years of age to be used in obtaining an education. The three are not held responsible for any losses incurred by failure of students to repay loans.

The residue of the estate is to be divided among the legatees in proportion to the amount already willed them.

At yesterday's hearing testimony indicated that Donahue was unsound of mind only during occasional periods, when excitement or commotion would upset him. Dr. Clarence B. Donges, his physician and adviser, testified he had been a close friend of Donahue for 35 years and had prevailed on the former hotel proprietor to come to Camden and start again in business. The prominent physician further stated that he frequently advised Donahue in real estate deals, and all of them were profitable to Donahue.

The physician further said that Donahue did not suffer from any ailment which would incapacitate him mentally, although physically he was ill during the latter days of his life. A number of witnesses from Chincoteague Island testified that they thought him entirely normal.

Clarence Derrickson and his wife, Lottie, witnesses to the will, testified, through depositions, that when they saw Donahue sign the will he was entirely aware of what he was doing.

Called Easily Persuaded

In cross-interrogatories the Derricksons concluded that Donahue was a self-willed man and could not be easily persuaded. Both Dr. Donges and Raymond Donges stated that following the sale of his restaurant he lived in a room, and they told him he should have a more healthy environment. They arranged with his nephew, John, for the latter to take care of the elderly man, it was alleged.

Finally, Raymond Donges said, John Donahue said that he did not wish to take care of Nicholas any longer, and the Donges then told Donahue about the island where Mrs. Fernan lived. The attorney said that Donahue had known Mrs. Fernan's husband when the latter was alive and resided in Camden and agreed to the change. So did the nephew agree, said Donges. There was no ruse or secrecy about taking the semi-invalid to the island, where he could get the proper food and surroundings, the Donges said.

Donges also introduced a letter purported to have been written by Donahue on the island and addressed to Raymond Donges a short time before the will was made. In the letter Donahue urged his attorney to complete the will. Donges said that for nearly a year before May of 1927 the former restauranteur discussed various terms of the will.

In the present will a bequest of $1000 to a niece was changed by pen to $3,000. Donges said that in a former will Donahue gave the woman $3000, then wrote to Donges asking him to change it to $1000. However, when the drafted testament was ready to be signed Donahue himself increased the bequest to its original figure, it was stated.

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