The New York herald., 1879-12-13

without previously qualifying executor. sp
showing to the Court the amount of the indebted.
ness OF the succession; without rendering any So.
reasonable time within which creditors mient'
should they desire. demand of him security, or
heirs might contest the validity, Of the will
or any of its provisions. the suffciepcy
OF the testimony for its probate-procoedings
not only usual. but as to most of them
essential prerequisites to any demand by testament
tary heir universal egaee to be put in possession
OF estate; yet Notwithstanding this, said defend
M that she esax left no forcea hers
owed no considerable debts; that he was willing to
accept and take the succession pure and simple.
that in his opinion ''there is necessity of fur
ther administration" obtained an order that the
sole and universal legatee of the late Sarah Ann
Dorsey petitioner Jefferson Davis be put in posses
sion OF all the property real personal and mixed LETT
by her and wherever situated
1t is alleged that the will was admitted upon in
sufficient evidence and should not be allowed to
stand a imminent OF title in Mr. Davis
THE SALE BEAUvoIR TO JEFF.
The act of sale by Mrs. Dorsey to Davis of her
estate at Beauvoir on February 10. 1879, is pro-
nounced invalid. not only having been obtained
mental capacity was not complete without any
sideration. either pass. present or prospecve but
likewise. because under his agency of May TO- 1878.
thedefendant had legal right to purchase property
intrusted to his absolute disposal and that his
to the sale of said property under these cir
cumstances to himself without any security for tho
payment OF its price. and which below its value.
was lagrant violation of fhe trust assumed by him
rs agent, and from which pretended sale he cannot
morally or legally claim any benefit
1t charged that all the acts and doings of Davis
from the time of taking tho general agency down to
the decree of probate were parts OF preconceived
scheme to get her property wholly within his power
and hold it in despite of her heirs and the complain
null and void and Davis compelled to surrender up
possession and render account of his steward
ship. The following interrogatiories are then pro-
pounded
QUESTIONS FOR JEFF TO ANswEn.
Interrogatovy What period during the lifetime
of Mrs. Sarah Ann Dorsey were you member of her
family at Beauvoir Harrison county, Miss? Also
during what period did the respective members of
your own family reside there?
Interro0atory 2.-What. to your knowledge, were
the reasons inducing Mrs. Dorsey to intrust you on
May TO- 1S7S with the respective powers for and in
her name to and be suedY' To purchase, alien
ate or cucumber real estate situated anywhere? To
borrow money, execute notes other evidences of
curation passed before O. f. Violet, notary. on May
10, 1873. as set forth in exhibit A.
Iatervogdtory 3-What. to your knowledge. were the
inducing Mrs. Dorsey to the act of sale
Of February 10, 1879. set forth in copy Of said
sale. exhibit G? Why was no security. such as ven
ders lien or special mortgage on the property given
by you to secure the payment of it's price? What
other. il any, property belonged to her in which
she might subsequently, have resided? Was she not
at the time said transfer in embarrassed circum-
stances? Did you not ut the time know that she
had often complained Of such embarrassment? Was
there not at the time of sale inventory, list or
statement Of the various articles Of personal prop
erty contained in the residence made out? II yea.
please annex the Same to your answers. What dis
position, since the death Of Mrs. Dorsey. OF the
said articles?
infeTr0gdt0yy AT the time OF writing or your Pc
tition the Second District Court you authen
ticaly Of the facts stated therein. that the
contents Of the sealed envelope superscrbed tho
will and testament OF Sarah Ann Dorsey was dated
January 4. 1S7S and that by it you were instituted
her legatee and executorf
IsteTrogatovy 5.-When. where and under what cir
cumstances had you the nrst interview with Mrs.
Dorsey as to- your becoming member OF her family
at Beauvois?
any member of your fnmily been intimately and
socially acquainted with Mrs. Dorseyf 30. where
and during what period?
Intey,o9atory 7.-Either before or soon after your
arrival at Beauvoir had you an opportunity OF 5udg
ing of Mrs Dorsey's feelings toward her sister and
not substantially stated IN this bill2 II not.
wherein and Us to which ones Of said reaation did
they differ from said statement?
Inteyro0atory Sat the time your petition was
written asking universal legatee to be put in pos
session of Mrs. Dorsey's estate. did you not have
some knowledge notice, information suspicion.
reason for belief or suspicion ana In your con-
science believe and suspect that orators or some Of
validity OF her said will and its Dequest to
you. when they should have been made fully
executor in order that such contest II desired.
might be raised against you executor previous to
r AID ro ne you
to eapse for such contest to be made previous to
asking for such possession?
Inteyvogdt0ry 9-On or before January 4, 1873, had
you knowledge. notice. information. belief or sus-
picion. for belief suspicion. In your
conscience did you believe or suspect that Mrs.
Dorsey intended to institute you her sole heir? II
yea. state tho source Of such knowledge and reason
for such belief?
Iaterrooatoyy lO.-Assuming Mrs. Dorsey, on Janu.
ary 4, 1873. to have been Of sound and disposing
mind. and assuming hcr feehngs to her next of kin
set forth in this bill. you after your arrival at
Beauvoir. understood them to be, is 1t, in your
tons and the natural effect Of SUCH feelings
able to believe that she would have bequeathed the
entirety Of her estate to person in no way related
by blood marriage to her. to the entire exclusion
of her next OF kin. even to the extent OF kind re-
membrance or family souvenir. plate or jewel? II
So please state fully the for such opinion.
intervOgutoyy 11.-In like manDer assuming MIS-.
Dorsey to have been at the time OF sound and dis
posing mind is it reasonable believe that she
would have removed without any apparent cause
her brother as her agent. and without consulting
with one who for years had been her husbands and
her own steadfast friend and constant adviser, as
DIR. j. G.. Hollingsworth, have granted to an
other such full and absolute power of disposal Of
exhbit A? Or would have transferred the title to
her homestead? Or II SO, ut the price and
vendors lien or special mortgage on the property
sold, as she assumed to do by the act OF sale OF
February ~. 1879, as per exhibit @? so. please
state fully your for such opinion. And also
please state what motive actuated you in allowing
her to grant to you such unlimited agency? And
You you held such power % OF attorney And without
your first advising with Dr.. Holingsworth, or some
Of her relatives or friends. you did not. In regard
therefor
Interrogaforv 12-what property. immovable and
movable. had Mrs. Dorsey ut the time MAY TO- 1873
her debts? What were her debts and to whom
owed at the time Of her death? What debts
of her estate have you paid since July ID 1921
What and to whom have you disposed OF any Of said
movabies and personal property .tncluding books.
furniture. plate, jewels, clothing. &C.. since Mrs.
Dorseys death? What were the annual net revenue
OF Mrs. Dorsey during your said agency?
The compliments ask for decree that tho alleged
will be cancelled and annulled as absolutely void
the defendant perpetually enjoned from setting
up pleading the will the DEGREES of probate
against the heirs; that he make full and
and nf bia n
agent both during the life and since the death OF
Mrs. Dorsey; that he account for and pay over
to their heirs all amounts to which they may be
entitled and that such other relief be granted to
the Court shall seem meet
A COUNTER ACCUSATION.
JOSEPH voLKMER swEAns HE SAW MARY CON-