Dallas s06e15 Episode Script

I can't believe you're intent on tarnishing Dad's memory.
- Don't you say that to me.
- I don't know how else to get through.
I wouldn't underestimate your mama now.
She's angry.
She's determined.
We can't lose this.
Harv.
There's too much at stake.
She made up her mind herself.
If you don't know that.
You don't know her.
I know my own mother.
I know you too.
Sweetheart.
Ever since you moved in you've been trouble.
Stay out of it.
It's not your fight.
Are you saying that when your husband wrote the codicil he was mentally incompetent? SOUTHFORK RANCH - Hello.
Darling.
- Hi.
Sweetheart.
Everyone's inside waiting for us.
Miss Ellie has something to tell us.
- About breaking the will? - I think so.
Did she say anything about changing her mind? - No.
- Okay.
Here he is now.
Well.
I'm sorry.
I didn't know everybody's waiting for me.
Miss Ellie has something she wants to say before dinner.
Well.
Let me get a little fortification here and I'll be all ears.
You all know my feelings about Jack's will particularly about the codicil that he wrote before he died.
Well.
I've had some time to consider the whole thing.
I've talked to Harv Smithfield and another lawyer, Brooks Oliver.
Well.
I hope they've talked you out of making any hasty decisions.
Mr.
Oliver has agreed to represent me.
He doesn't think my decision was hasty.
He thinks we have a good chance to break the will.
- You're going ahead with it? - Yes.
I am.
I can't believe you're still intent on tarnishing Daddy's memory.
I am not tarnishing his memory.
- Don't you say that to me.
- I don't know how else to get through.
And I don't know how else to save this family.
Mama.
I hope you understand that I'm with J.
R.
on this.
Yes.
I know.
You're both so caught up in this battle neither one of you understands what's happening.
Don't you two realize she's trying to stop you from hurting each other? - Keep out of this.
Pam.
- What's going on is between J.
R.
and me.
- I don't think you should get involved.
- I'm not here to explain my reasons.
Only to tell you what I'm doing.
Do you think this is fair.
Miss Ellie? It has to do with survival.
Not fairness, Sue Ellen.
Hope you're proud of yourselves.
- This is all your fault.
Pam.
- My fault? You can really twist things.
Hadn't been for you.
She'd never have that lawyer.
She made up her mind herself.
If you don't know that.
You don't know her.
I know my own mother.
I know you too.
Sweetheart.
Ever since you moved in you've been trouble.
Now.
Stay out of it.
This is not your fight.
Give me that.
Thanks.
That was a wonderful defense of your own wife.
You let him talk to me that way? J.
R.
is wrong in a lot of things.
But he's not wrong in this.
As my wife.
I thought you'd stand by me in it.
Really isn't Pam's fault, you know.
She's interfering where she doesn't belong.
Because she cares for Bobby.
She feels that overturning the will may get Bobby out of the fight.
At the expense of all of us losing Ewing Oil? Darling.
If she really cares for him.
She'll help him.
Help him do whatever he thinks is right.
That's the way I feel.
But it'll put a terrible strain on their marriage.
Darling.
You and Pam are good friends, now.
Why don't you talk to her.
Huh? Not here at Southfork.
Take her out to lunch, someplace where you can really be alone.
And what am I gonna say? That the two of us should stay out of your dispute? - I've tried that.
- No.
You tell her that if she really believes in her husband.
She'll support him just the way you're supporting me.
Darling.
This is the first time in years that Bobby and I have been on the same side.
And I know.
Sue Ellen if she believes in your friendship as much as you do and cares as much.
You'll convince her.
I know you will.
We cannot let Mama break Daddy's will.
It just means too much to everybody.
You are such a good boy.
He has such a sweet nature.
I'm so happy for Pam and Bobby.
Ellie.
There's nothing wrong between them.
Is there? Oh.
It's this business about breaking Jack's will.
Pam's on my side and it's causing some friction among them.
Oh.
Well.
They'll get over that.
But since you bring it up.
I wanna tell you I think what you're doing is absolutely right.
- Well.
That's good to hear.
- You think you have a chance to win? - My attorney thinks I do.
- I hope so.
Meantime.
I've told Cliff that I want him to soften up a bit.
I appreciate that.
Rebecca.
Wouldn't it be nice if you and I could show them that the Barneses and the Ewings can be friends? Well.
We have good reason to now.
Hi.
Hi.
Are you a good boy? You have to understand.
Boys.
Brooks Oliver is a highly respected attorney.
He wouldn't accept Ellie's case if he didn't think he could win.
On what grounds.
Harv? Well.
If it were me.
I'd probably try to prove that Jock wasn't of sound mind when he wrote that codicil.
Yeah.
It figures.
Mama's never gonna stand up in court and say something like that.
Bobby.
I wouldn't underestimate your mama right now.
She's angry.
She's determined.
She's gonna do what she feels she has to.
What happens if she wins? - It's possible.
Isn't it? - Of course it is.
By attacking the codicil.
Ellie puts the entire will into question.
Now.
The judge has total discretionary powers.
He could throw out the codicil, the will.
Both.
Or neither.
- He can overturn the whole will? - Yes.
Of course.
Or any part thereof.
Well.
What happens if he does throw out the entire will? Then the previous one comes into effect.
- That was written 14, 15 years ago.
- About that.
Do you remember what's in it? No.
I'm planning to read it this afternoon.
But as young as you boys were at the time I'd venture to say that Jock left most everything to your mama.
- You can bet money on that.
- You'll let us know? - As soon as I've read it.
- We can't lose this.
Harv.
- There's too much at stake.
- Sure your mama feels the same way.
MARIO MESSINA'S IL SORRENTO CUCINA ITALIANA Pam.
I really feel that we should help our husbands stop Miss Ellie.
If Bobby feels that he really wants to beat J.
R I don't see why he shouldn't be given a chance to try.
Sue Ellen.
I don't care if Bobby beats J.
R.
or doesn't beat J.
R.
I want my husband and my family all in one piece.
That's what's important to me.
- Shouldn't a wife stand by her husband? - Of course she should.
But that doesn't mean she can't disagree if she feels he's wrong.
That battle is really going to hurt somebody.
Really hurt somebody.
Now.
I agree with Miss Ellie.
It's got to be stopped.
Pam? Hi.
I thought that was you.
What a pleasant surprise.
Mark.
Hello.
What are you doing eating in my restaurant? - You own this restaurant? - No.
I eat here almost every day.
Though.
I'm surprised I haven't seen you here.
Well.
It's our first time Oh.
Do you know my sister-in-law.
Sue Ellen Ewing? - This is Mark Graison.
- Hello.
How do you do? Brooks called.
- He said he's taking Miss Ellie's case.
- Yes.
I can't thank you enough for that.
Listen.
I told you I am here to help.
Anything that I can do for you.
Well.
Thank you for letting him go.
You two enjoy your meal.
Very nice having met you.
I don't understand the point of all this discussion.
We've had our vote.
And J.
R.
's variance stays.
You do realize that as soon as this battle between the Ewings is over with the gasoline prices are gonna shoot right up again? - That's not a certainty.
- I guarantee it.
I mean.
You don't seriously believe that J.
R.
Ewing is lowering gasoline prices to help the little man? He is doing it to beat his brother.
That battle's gonna be going on for a while yet.
Don't you bet on it.
Because if Jack's will is overturned the whole company is gonna revert to his widow.
She is going to sell it.
That is the end of the battle and of low gasoline prices.
Donna's right about that.
No one can predict if the will is going to be overturned.
What difference does it make? This commission is gonna look like fools as soon as the battle is over with.
Something we should think about.
Not as far as I'm concerned.
Voting against that variance now is like voting against motherhood.
- And I'm not gonna do it.
- Neither am I.
Do you really think that J.
R.
Ewing has all of a sudden become the man of the people? Well.
It looks like he is right now.
And that's good enough for me.
- I think it's time to go home.
- Excuse me.
CATTLEMEN'S CLUB - Twenty-five million dollars.
- Bobby's share of the Wellington field? May be closer to 30.
We're still waiting for the appraisal.
Well.
Our other choice is to uncap the wells.
So.
What do we do with all that oil? Stick it in holding tanks.
Or cut prices like Bobby's threatening? Oh.
No.
We can't uncap those wells.
It'll cost us 25 to 30 million dollars not to.
The independents have to draw the line somewhere.
We can't uncap those wells and let Bobby undercut everybody.
I don't know.
That's an awful lot of money.
Only in the short range.
Eventually.
When this glut is over.
We'll uncap the wells and make it all back.
Maybe they're right.
All to help Bobby Ewing's profit picture.
So.
What's the answer? Do we wanna cough up 25 or 30 million and buy him out? I sure don't want to.
Neither do I, but it's even stupider to uncap the wells.
We only got two choices.
Isn't that ironic? No matter which way we go we wind up helping Bobby Ewing.
How's that for a bone in your throat? This is the old will.
It was drawn 15 years ago.
April.
It goes into effect if the present one is overturned.
- You have a chance to read that? - Yes.
And I was right.
Your mama would get 100 percent of Ewing Oil.
And she'd be free to sell it if she wanted to? Yes.
But that's not all of it.
The will is a problem for what it doesn't include.
The grandchildren? No.
There are the usual provisions for grandchildren even though Lucy was the only one born at the time.
No.
I mean Ray and Gary.
They'd lose out badly.
Fifteen years ago.
Jock was furious with Gary.
That's when Gary was drinking so much.
That's right.
And he passed him off with a gesture.
Gary would get virtually nothing.
Instead of the interest on $10 million.
Ray was just a ranch hand then.
Yeah.
That was before anyone knew he was Jack's son.
- He'd get a very minor bequest.
- More than he deserves.
That's for sure.
Harv.
That will would be disastrous for us.
That's putting it mildly.
Tell us what you need to win.
Harv.
We'll do whatever's necessary.
Gentlemen I am going to defend the current will and the codicil.
It's my duty as the executor and as Jack's personal friend.
I want you both to know.
However.
That I do it with a heavy heart.
I take no joy in fighting with your mama or in the fact that the both of you forced her into taking this action.
I appreciate your sentiments.
Harv.
Neither Bobby nor I wanted to go up against Mama.
You know that.
But we can't let those feelings interfere with our winning.
That's the one thing we damn well better do.
You mean Mark Graison just waltzed in.
Huh? I guess he eats there quite often.
- Pam know that? - I don't think so.
But I was under the impression that he helped Miss Ellie find a lawyer.
You know.
I didn't realize that Mama knew the Graisons that well.
I couldn't swear to it but I think he helped Miss Ellie because of Pam.
Are you suggesting that Pam and Graison are having an affair? No.
No.
She wasn't even impressed by him.
- But he was definitely impressed by her.
- Yeah? How do you know that? Well.
I think a woman can tell when a man is interested in her.
Oh.
This could be quite a break, honey.
What are you talking about? Pam and Graison.
Aren't you paying attention? Well.
Of course I am.
But I told you it had nothing to do with that.
Well.
It could.
From what I understand.
Graison's quite the lady's man.
Likes all those macho things like parachuting and fast cars.
So forth.
- Turns ladies on.
You know? - J.
R.
.
it has nothing to do with Pam.
It could.
It sure could.
Given the right signals.
He just might make a move on her.
J.
R.
.
I don't like what you're saying.
Well.
Why not.
Honey? Bobby and I are on the same side now.
But that's not gonna last forever.
We'll be battling again real soon.
I wouldn't mind if he was distracted by a nasty little marital problem right now.
I don't want anything bad happening to Bobby and Pam's marriage.
Oh.
I was just passing it through my mind.
Honey.
That's all.
- Imagine if somebody did that to us.
- Hey.
Don't get so upset.
You know how much winning Ewing Oil means to me, darling.
You know that.
Don't you see that breaking Daddy's will is gonna affect Gary and Ray? It's gonna affect them badly.
They're gonna get a fraction of what's theirs.
All Miss Ellie wants to do is stop the battle between you and J.
R.
I know that.
Honey.
But this is not the way to do it.
The only other way is for you and J.
R.
to call off the fight but neither one of you'll do it.
That is not the only other way.
You can also persuade Mama what she's doing is wrong.
- But I don't think she's wrong.
- Even if it hurts Gary and Ray? Oh.
Bobby.
You know your mother.
Never in a million years would she hurt Gary or Ray.
Honey.
I understand Mama's intentions.
They're the best.
The best in the world.
But she does not fully understand the consequences of what she's doing.
I don't agree.
- Morning.
Lucy.
- Good morning.
Grandma down yet? She's gone already.
Seems she had an early appointment at her lawyer's.
You know.
Grandma's going to do whatever she thinks is best no matter what you do.
And I know that bothers you.
J.
R.
This is just a joke to you.
Isn't it? I can't say it would bother me if you lost Ewing Oil.
Well.
Let me tell you something.
Honey.
If this will is thrown out your granddaddy's old will is valid.
And everybody loses.
I'm not especially worried.
I'm sure Granddaddy provided for me just fine in his old will.
That's all you care about.
Isn't it? Yourself.
Well.
If your grandma is successful in court your daddy's inheritance is gonna be reduced to a stipend.
That means a handout.
Honey.
Or don't you give a damn? Oh.
Pam.
I'm sorry.
Have I kept you waiting? No.
I haven't been here long.
The car's just over there.
Well.
What did Mr.
Oliver say? Well.
He received a copy of Jack's old will.
It leaves everything pretty much to me.
But there are some problems.
Ray and Gary? Bobby said Harv Smithfield told him there might be.
Oh.
Yes.
Well.
Actually.
Where Gary's concerned.
It could be a blessing.
I could improve on the way that Jock dealt with him in the old will.
And.
Of course.
I'd take care of Ray too.
But.
Pam.
Ray is so much his own man.
He might refuse to accept anything from me.
Well.
I think you should talk to him.
You know.
He really loves you and I think he'll understand more than you think.
Yes.
I'll talk to him.
Door's open.
Mr.
Ewing.
We haven't seen you for a while.
Well.
How you doing? - Your table is ready.
- Oh.
Thank you.
Say.
Mark Graison wouldn't be having lunch here.
Would he? - Yes.
He's at his usual table.
- Oh.
Good.
Hold my table for me.
Would you? Thank you very much.
Hello.
Phil.
How you doing? Good to see you.
Well.
Mark Graison.
- It's funny seeing you here.
- J.
R.
.
how are you? Seems like you've been running into half my family lately.
- Oh.
You mean your mother? - And my sister-in-law.
Pam.
She's quite taken with you.
Talking about it at dinner the other night.
She found you quite charming.
- What do you mean? - You made quite an impression on her.
By the way.
I just wanna tell you I don't hold any hard feelings towards you.
Hard feeling? Now.
Why should you? Well.
You getting your lawyer to work with Mama against me.
Your mother is a very lovely lady.
Yeah.
Yeah.
It's a shame we're on opposite sides of the fence right now but.
You know.
As they say.
This too shall pass.
- Now.
Pam is still on your mother's side? - Yeah.
Unfortunately.
Pam's a wonderful girl.
Too bad she and Bobby are having problems right now.
Are they? Well.
They only been married a couple years.
And this fight's not helping at all.
I'm sorry to hear that.
I'm not one to publicize family problems.
So I'll be seeing you.
- Enjoy your lunch.
- Thank you.
Oh.
Say.
We've never done any business together, have we? No.
Well.
We ought to get together and see what we have in common.
The only thing we have in common is we're eating in the same restaurant.
Well.
We'll see what we can do to remedy that.
Huh? Good seeing you.
We just fawned over him.
Ellie and I.
- Oh.
That baby is so cute.
- He must be.
He's bringing us closer than we've ever been.
- Hi.
Darling.
- Hello.
Mama.
I was just telling Afton what a nice time I had with Ellie yesterday.
You been out there again.
Huh? It's getting to be a habit, isn't it? But she's been going through a lot of pain of late.
Well.
With sons like hers.
What do you expect? - Anybody want a drink? - Not for me.
Thanks.
No.
Not for me.
She seemed very grateful that we're keeping the pressure off of Ewing Oil just now.
Well.
I don't know how much longer we can keep that up.
Cliff.
I promised her.
And you promised me.
You can forget about J.
R.
for a while.
Can't you? Sure I can.
But what about Bobby? - You know what he's doing? - What? Little brother Bobby is about to make the cartel take a nosedive on the Wellington field.
- What has he done? - He's put us in a no-win situation.
We stand to lose about 25.
30 million dollars.
And if we keep turning the other cheek.
Then they'll keep spinning us like a top.
Cliff.
It's only for a little while.
And if Ellie wins in court.
Both problems will be solved.
- Mama - Please.
Mama.
I thought Barnes-Wentworth was mine to run.
I'm not asking as the head of Wentworth Industries.
I'm asking as your mother.
Ray.
You understand what happens if I win.
Don't you? The entire will could be thrown out.
The trust funds, everything.
Even the $10 million that Jock left you.
It could all revert to me.
Well.
I never had that money before.
I guess I'd keep on living all right without it.
Miss Ellie.
Well.
I wouldn't allow that.
I want you to know that whatever happens I won't let you lose that money.
Yes.
Ma'am.
Well.
I think we ought to take things one step at a time right now.
Well.
It's important that you realize it.
I'd sell the company.
And I'd see to it that you got everything back that Jock wanted you to have.
Well.
First things first.
And the first thing is for you to win.
Ray.
I have to try to break that will.
Sure you do.
Well.
Good night.
Ma'am.
Good night.
Ray.
And thank you.
Hey.
Ray- Say.
You been talking to Mama? - Matter of fact, I have.
- Oh.
Yeah? What'd she say? I don't see how that's any of your business.
Well.
We're all in this together.
You know.
That's how it looks to you, huh? Well.
I mean.
You and Bobby and me.
We're all together.
You just don't understand me at all.
See.
I find it hard to believe you're fighting against your own $10 million.
Because if she wins.
That's what you stand to lose, boy.
You don't give a damn about anybody.
Not even your own mother.
You really are a dumb old cowboy.
Aren't you? Listen.
J.
R.
.
I'm gonna explain something to you.
I'd give up my house.
My inheritance.
Every damn cent I've got before I'd go with you against Miss Ellie.
Thought you had some cattle to move today.
Well.
I got Charlie out there with the crew today.
Are you feeling all right? Yeah.
I'm okay.
Is it that conversation you had with Miss Ellie? Is that what's bothering you? I guess.
You gonna change your mind about backing her? - No.
- But then what? You're not worried about losing that money? She wins the case.
I lose the money.
That's all there is to that.
I think Miss Ellie would see that you got your 10 million.
Well.
That $10 million was an inheritance from my father.
Getting it from Miss Ellie as a gift is nowhere near the same thing.
Jock wanted you to have that.
Oh.
I know.
And I love him for it.
But taking charity from Miss Ellie.
Who's not even my real mother well.
I just don't think I could do that.
I don't think I'd call it charity.
Don't you understand what I'm trying to tell you.
Donna? - Yes.
But - Well.
A man has his pride.
I just don't think I could take the money.
I understand.
Okay.
Up.
One.
Two.
Three.
Four.
Five.
Six.
Seven.
Eight.
Now breathe.
One.
Two.
- Ivy.
Take over.
Three.
- Okay.
- All major credit cards accepted? - What are you doing here? I just thought I'd stop by to see how the case was going.
Well.
I saw you at the restaurant.
Remember? That was ages ago.
It was the day before yesterday.
Well.
Somehow it seems longer.
Listen.
When you're through here.
What are you doing? I'm going home to have dinner with my husband.
That's right, you've got a husband.
That's right.
And I think we've had this discussion already.
I remember.
It's all beginning to come back now.
- Mark - Please.
Call me Mr.
Graison.
I really appreciate what you did for me and Miss Ellie but that's as far as it goes.
I am a married woman.
Sounds like I'm being thrown out on my ear.
- You are.
- All right.
And I shall leave gracefully.
But you will see me again.
Yeah? .
I.
R.
, Mr.
Anderson is here.
Send him in.
- Hey.
Punk.
Good to see you.
- J.
R.
- Punk.
Glad you could make it.
- Bobby.
- Get you a drink? - No.
Thank you.
Well.
Sit down.
Sit down, Punk.
Punk.
We found out that Dave Culver is gonna testify for Mama at the trial.
- What about you? - What about me? Can we count on you in court? You mean.
Will I be a hostile witness against your mama? No.
We mean.
Will you testify as to what Daddy's intentions were? - Are you? - Yes.
No.
You're not.
I know what Jack's intentions were.
And I know the feeling behind them.
And neither of you care anything about that at all.
Well.
Punk.
We didn't ask you here to give us a sermon.
Well.
You sure as hell could use one.
The both of you.
It wasn't Jack's intention to let you use the codicil to destroy Ewing Oil.
Punk.
Are you with us or not? - I don't know.
- Now.
What does that mean? It means I'm caught in the middle.
That's what it means.
Between my duty to your daddy and my affection for your mama.
Punk.
The only way Mama can win is to prove that Daddy was mentally incompetent.
Now.
You were with him at the very end.
Would you testify to that? I don't know what I'll testify to, if I testify to anything.
- Punk.
Don't walk out on us.
- Boys.
I got no more business here.
All I can tell you is I'll be in the courtroom.
Let's just leave it at that.
Hi.
- Hi.
You've had along day.
Haven't you? - Sort of.
Can't wait to get in a hot tub.
You had a few calls today.
All from the same person.
Mark Graison.
- Mark Graison called here? - A couple of times.
But I just saw him.
He came by the studio today.
- I don't understand it.
- Pam? This is none of my business and.
Well.
You can stop me right now if you want to.
But Well.
I'm just getting a little worried about you.
Why? - Mark Graison, among other things.
- What do you mean? Look.
Pam.
I'm certainly not trying to judge you.
- I hope not.
- I'm not.
But I'm just kind of worried about how you've been acting lately.
I mean.
I've never seen you go against Bobby before.
And it's really not something that a happily married woman does.
And now.
With Mark Graison Why do you keep mentioning Mark Graison? - What are you trying to suggest? - Nothing.
Honestly.
I'm just concerned about you and Bobby.
That's all.
Look.
As I said before.
It's none of my business.
Right.
It is none of your business.
But just so you know.
My marriage to Bobby is rock solid.
Then why is this man calling you and running after you at the studio? I don't know.
That's his problem.
It has nothing to do with me and Bobby.
And if that's true.
Then why are you getting so angry? - Because you're making me angry.
- Pam.
I'm your friend.
Then act like it.
Come in.
Lucy.
What's wrong? Is it true that if the will is overturned.
My daddy will lose his inheritance? - Who told you that.
J.
R.
? - Did he lie to me? No.
Not exactly.
He just didn't tell you all the facts.
Lucy.
Do you think I'd ever do anything to hurt your daddy? No.
Of course I wouldn't.
But J.
R.
told me the court would make an older will legal.
My daddy was hardly mentioned in that will.
Well.
That's true.
But what he didn't tell you was that that will would give me the power to do anything I want.
And I'd make very sure that Gary got everything that he was due.
You do know that.
Don't you? Yes.
So are you through worrying? Yeah.
I guess so.
Lucy.
Gary was my son along time before he became your daddy.
Now.
Let's go downstairs to dinner and forget some of these problems, okay? Okay.
- Thank you.
Teresa.
- Yes.
Ma'am.
Well.
The atmosphere around this table is cold enough to chill the wine.
I think we all know the cause of that.
We could try and be a little more civil to each other.
Well.
Perhaps you'd like to teach us.
Lucy.
Who could that be? I'm not expecting anybody.
That's for sure.
Hello.
I'm Brooks Oliver.
I'd like to see Miss Ellie for a moment.
Please.
Just one moment.
Brooks.
Come in.
Doesn't he know what time people eat? Remarks like that you can keep to yourself.
J.
R.
I'm sorry to barge in on you like this.
But I've got something to tell you.
And I was on my way to see friends nearby.
Well.
That's all right.
Have you met my family? - No.
I know Pam.
- Brooks.
My sons.
Bobby.
J.
R.
.
J.
R.
's wife, Sue Ellen and my granddaughter.
Lucy.
- Hi.
- My pleasure.
Don't let me interrupt your dinner.
May I talk to you for a minute? Yes.
Of course.
I was able to get a date on the court calendar sooner than I expected.
- The name Ewing helped.
- Yes.
The hearing on the will is scheduled for next Tuesday.
All rise.
Court will come to order.
Judge Howard Mantee presiding.
Court case number 4418.
Eleanor Southworth Ewing v.
The estate of John Ross Ewing Sr.
, deceased.
Mr.
Oliver.
Are you ready for the plaintiff? Yes.
Your Honor.
Mr.
Smithfield.
Are you ready for the defense? Lam.
Your Honor.
Mr.
Oliver.
May we have your opening statement? Your Honor.
Although our action places the entire will of John Ross Ewing Sr.
In jeopardy in point of fact.
My client wishes to address herself solely to the codicil to the will drawn by her husband shortly before his death.
It is our contention that the codicil is inconsistent with Mr.
Ewing's character inconsistent with his known devotion as a husband and father.
We further believe that the codicil casts serious questions as to the soundness of his judgment toward the end of his life.
And we petition the court to eliminate it.
Mr.
Smithfield? Your Honor.
On behalf of the estate we will present testimony supporting our belief that the late Mr.
Ewing was indeed of sound judgment to the very end of his days and that his codicil very precisely reflects his intention with respect to his inheritors and the Ewing Oil Company.
Bailiff.
Call the first witness.
Will Senator David Culver take the witness stand.
Raise your right hand.
Do you swear that the testimony you are about to give in the case on trial will be the truth, the whole truth.
Nothing but the truth? - I do.
- State your name and occupation.
Dave Culver.
I'm a United States senator.
You may be seated.
Senator Culver.
It was you.
I believe who first approached Jock about taking that trip for the State Department.
Yes.
All I wanted was his advice.
I thought he'd suggest someone suitable for the job.
- And he suggested himself.
- He sure did.
He seemed anxious to go.
He wanted to jump in with both feet.
- Did that concern you? - Well.
Yes.
He wasn't a young man.
It would be a great strain put upon him.
But once he hit upon an idea.
He just wouldn't let go of it.
You mean in an obsessive way? Objection.
Your Honor.
Counsel is leading the witness.
Sustained.
I understand.
I don't know if I'd call it obsessive.
It was more like this trip could be his last hurrah.
Last hurrah? Sort of a last grand gesture of a great man.
Now.
Mr.
Horner, these letters he wrote you from South America would you please tell the court what it was you found different about them? Well.
It's just that Jock seemed so concerned about the company.
Was that unusual? Well.
It was the degree of concern that struck me.
Minor, trivial details.
He wasn't a man to worry about such things.
As president of the Cattleman's Bank.
You knew him pretty well.
We were his principal bankers.
And you found these letters to be inconsistent with the man you knew.
They were quite different.
In what way? Well.
He kept going over and over the same thing.
Like he was forgetful.
He couldn't keep things straight.
There's a word for that in a man of his age.
- You mean “senility“? - Objection.
Your Honor.
The witness is a banker.
Not a psychiatrist.
We grant that.
Your Honor.
The witness has known the deceased for more than 30 years.
He's certainly qualified to recognize a marked difference in behavior.
Let the testimony stand.
- Thank you.
Mr.
Homer.
- You may step down.
Your Honor, that will be our last witness for now.
I would like to delay calling Mrs.
Eleanor Ewing until after the defense has presented its people.
So noted.
Mr.
Smithfield.
Will you call your first witness.
Please.
You've told us.
Mr.
Anderson that you and Jock were together a great deal down there.
Now.
Did he ever tell you what his thinking was that led to his writing that codicil? Jock had been worrying a lot about the future of Ewing Oil.
Matters stood.
Miss Ellie was to inherit total control of the company and he was afraid it might be a little bit too much of a burden for her.
He must have been aware at the time that the codicil would lead to some conflict between his sons.
Oh.
He was aware.
All right.
He couldn't figure out a better way to handle the problem.
So if I understand correctly it's your opinion that Jock knew exactly what he was doing when he set up that contest? He knew it'd be tough.
Thank you.
Mr.
Anderson.
Your witness.
Mr.
Oliver.
Mr.
Anderson you've indicated that Jock Ewing's mind was clear and sharp.
Wasn't he running a fever the last week of his life? We both had a little fever.
It came and went.
Fever can be really debilitating.
How high was his temperature? Hundred and one, two.
My word.
You can become delirious at 103.
Jock wasn't delirious.
How can you tell? You were burning up.
Just like he was.
That is what you've just told us.
Isn't it.
Mr.
Anderson? So in your opinion.
Mr.
Ewing what your father wrote in that codicil was exactly what he meant.
That's right.
Really no different than what he had done before.
He was always pitting Bobby and me against each other.
I'd run the company.
And then he'd give it to Bobby.
And then I'd run it again.
It's just the way my daddy did things.
It was his way of toughening us up.
And it also told him who was the best man for the job.
Now.
Sir.
That codicil was just an extension of the way we were raised all our lives.
Well.
I see your little wife over there giving aid and comfort to the opposition.
Opposition? J.
R.
.
that's your mother.
The judge is coming back.
Mrs.
Ewing.
Did your husband ever write to you about the codicil? - No.
- Nothing at all? Well.
He told me on the phone that he had been trying to plan ahead but it was hard.
He was tired.
He said that he just wanted to lie down and go to sleep for a while.
I remember that that frightened me.
Had you ever heard him say anything like that before? Never.
Jock was as strong as a bull.
It must have been the fever or whatever.
I don't know.
But he just He just wasn't himself down there.
But he did write to you about how he was feeling.
Though? Yes.
Yes.
Several times.
Mrs.
Ewing can I ask you to read some of what he wrote to you? “I've forgotten how miserable the jungle can be.
Between the heat and the fatigue.
I'm about done in.
I've been running a fever lately.
But I guess I'll get over that.
If Punk can survive it, so can I.
We're getting things done.
It's not like when we were young.
Though.
Ellie.
I'm really feeling the years down here.
My concentration isn't what it used to be either.
I find myself trying to figure something out then just drifting off someplace back to younger days younger times.
It's funny.
I stare out and all of these jungle plants just kind of dissolve and there's your face instead just waiting there for me my pretty little girl.
My pretty little Ellie.
Lord.
How I miss you down here.
“ Mrs.
Ewing.
I won't ask you to read any more.
May we place these letters in the hands of the judge for his personal scrutiny? Mrs.
Ewing.
I have just one more question for you.
Aside from the fever.
The exhaustion are you saying that at the time your husband wrote the codicil he lacked mental competence? Mrs.
Ewing.
Please answer the question.
Are you saying that when your husband wrote the codicil he was mentally incompetent? I'm saying that his sense of judgment was not up to his usual standards.
That's not what I'm asking.
If that's the legal term you need to break the will then yes.
Jock was not mentally competent.
Ladies and gentlemen, you may take your seat.
Court is again in session.
You may be seated.
The court finds the testimony on the plaintiff's behalf both touching and persuasive.
It would appear that the codicil as drawn was possibly a mistake in judgment.
However.
Considering all the testimony offered and even given the fact of the pressures and illness of Mr.
Ewing it does appear that he was of sound mind to the very end.
The court cannot find grounds enough to overturn his final intentions.
Therefore.
It is the decision of this court to rule for the defendant that the will of Mr.
John Ross Ewing Sr.
.
and its codicil in all particulars shall remain intact as drawn.
Judgment is so entered.
- Court is adjourned.
- Harv.
Mama.