The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-08-26
INTERESTING.

A VIII Set Aside In Indlana-Important Case.
Correspondence Of the Cincinnati Commercial
- LASwHENoEBuRe, WIZ. S.s IND, Aug -. - Ihere
cation as Walter Hays In the Whitewater Valley,
VINO have grown as rich as he was at the time
OF his death. AZ an early day he settled few
miles north oil this place, in the large Miami
bottom, which contains a soil as fertile as any
to be found in the West. This broad valley is
bounded on its western border by a continuous
and beautiful ridge, on which the owners of
the bottom land have chiefly built their resi-
dences. They are mostly rich, made so by the
annual products of their soil. The whole big
bottom from Lawrenceburg to Elizabethtown,
is in the hands of one or other of the Hayses,
Guards or Milers, who are all related more or
less by cords of double and twisted aflnities
Old Uncle Walter was a sort of head-mau
among them all, because he was thought to have
the most money. His estate at his death
amounted to not less than $200,0 600, about one
half of which consisted in bank stock.
Though wholly unversed in letters Mr.. Hays
possessed remarkable shrewd common sense
and at no time of his life was it an easy matter
to cheat or to overreach him. In 1850 when he
was about siXty-siX years of age, he married II
widow of thrty-siX.
At his death, at his residence year or so
ago, at the age of about eighty, a will was pro-
duced from his box, kept in the First National
Bank OF Lawrenceburg, of which his sOn-iu-law,
D. w. Y: Fitch was president. That will, after
giving his household goods to the widow, made
provision for her to have one-fourth of his
bank stock of 100000, the Southeast Indiana
Conference another fourth, and the two other
fourths to his son and daughter His real estate
OF every description, was to be equally divided
between his son and daughter, while all of his
grandchildren whose mothers were dead were
TO receive only $1,000 when they become of are
The whole of the bank stock, at the expiration
of the charter of said bank, to be equally
divided between the son and daughter.
With this will the son, daughter and widow
were fully satisfied. Though the la " itself would
have done better for the widow than the will,
yet she was willing to accept it; but the rest of
the connections were dissatisfied with the pro-
visions of the will, and several of them doubted
whether any such will had ever been made
with the knowledge and consent of the de-
ceased.
Hence the latter parties brought suit to set
the will aside. The trial came up in the Court
of Common Pleas on last Thursday week. Judge
Berkshire presiding, and lasted some eight or
ten days. The counsel for the prosecution or
for the setting aside of the will, consisted of
Hon. William s. Holman, Daniel s. Major, John
d. Haynes, and Judge Francis Atkinson, while
Mcdonald, Philip L. SpOoner, John Schwartz,
Noah S. Givin, Colonel Carter Gazlay, and Geo.
b. Fitch. Hon VIII. Cumback was retained by
the South Indiana Conference.
The jury after brief consultation, brought in
a verdict adverse to the will, which leaves the
estate in the hands of the laws of the State.
This decision, of course, annuls all the prOvi-
sions made for the benefit of the Methodist
Church, as all of the property will now be
divided among the heirs-at-law. A motion was
made on Saturday by the counsel for the defense
for a new trial, which was argued all day, but
was finally Overruled. l learn that the whole
case will be carried to the Supreme Court. This
the parties on both sides are able to do, us they
have plenty of money.