Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1879-01-11
NEUTRALITY-SUSPICIOUS.
Specially Reported for the Daily dlob
IMPORTANT WILL CASE

Decision in the EmersOn-SpoOner Con-
test--The Ruling of Judge Rea Sustained
and Elisa James Document Upset. .Gtr-
sng the Property to ALL the Heirs.
One of the most important will cases ever
brought before the courts of Minnesota was
decided by a jury of the district court IN
this city about 9 O'Clock last night. 1t IS
known as the Emerson will case, and has
been more talked about than any similar
case in the history of Minneapolis. Stephen
Emerson, an old citizen, and very wealthy
man, died here last spring. He was wifeless
and chlldless, being man 80 years of
age, and almost imbecile for two or three
years befroe his death. Living with him
was sister, Eliza Jane Emerson, maiden
lady rising 60, who two or three
years ago married man
by the name of William j. Spooner, in o.
tober. 1874. Col. Emerson executed will,
leaving his property to his heirs at law share
and share alike, which will remained intact
until the very last days of his life. Mean
time, during his last illness, he was nursed
and attended by Spooner and his wife, Eliza
Jane. After his death there unexpectedly
burst upon the astonished gaze of the heirs
at law will executed on the 18th day of
April 1873, giving all his property to his
sister Eliza Jane. At once contest was in
augrated by the other heirs and for forty
days was fought before Judge Rea of the
probate court.
Last July and August decision was rem
dered by Judge Rea breaking the Spooner
will and declaring the will of 1874 valid.
An appeal was taken to the district court aud
was tried by jury of twelve good men.
The case was concluded last night after a
fifteen days. ,hearing. After the jury were
out about three hours the following verdict
was returned, the questions being submitted
to the jury by Judge Young for their con-
sideration:
VERDICT.
First-Was the paper writing, bearing date
the 18th day of April, 1878, and presented for
probate by Henry T. Wells and r. P. Russell,
as and for the last will and testament of
Stephen Emerson, deceased. signed at the end
thereof by the said Stephen Emerson? No.
Seconds the signature now appearing at
the end of said paper writing the genuine
signature of the said Stephen Emerson? No.
Third-If you shall answer that the said
paper writing was 50 signed by said Stephen
Emerson, state when it was so signed:
Fourth-Was the said paper writing attested
in the presence of said Stephen Emerson by
two or more competent witnesses? If so, when?
No.
Fifth-Was the said paper writing subscribed
in the presence of said Stephen Emerson by
two more competent witnesses? If yes,
when? No.
sixth-Was said Stephen Emerson at the
time when said paper writing is claimed to have
been executed of full age? Yes.
Seventh-Was said Stephen Emerson, at the
tiue when said paper writing is claimed to
have been executed, of sound mind? No.
Eighth-Was the said paper writing procured
by the fraud and undue influence Of Eliza J.
Spooner, the sole devisee therein named, and
her husband, William J. Spooner, or either of
them? Yes.
The verdict thus sustains the decision of
Judge Rea, and is in entire consonance with
the general public sentiment. The amount
of property involved is over $4,000 and
will now be divided among the heirs-at- law,
numb ering six persons. Whoop 'er up,
Liza Jane.