Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-12-13
c. G. WASFfBURN,S WILL.
Its Provisions and the Action Taken
by the Guardian Of the Widow

Correspondence Of the Milwaukee Sentinel
LA CROSSE, Wis. Nov. 23-Cameron, Losey
& Bum, representing Mr.. Chase of New York.
guardian of Mrs. Jeanette Washburn, to-day
filed her remuneration of the provisions of the
will Of the late c. c. Washburn, in the probate
court. The significance of this Is that the widow
takes what is allowed her by statute instead of
the requests contained in the will The law
allows her one-third Of the property in Mime
sofa absolutely. and a life interest in one-third
OF the property in Wisconsin and Missouri The
executors of the estate Gysbert Van Steenwyk.
Charles Payson and Charles X. Martin will soon
institute suit for the construction of the will.
They have engaged Fynches. Lynde & Miller of
Milwaukee, as counsel. Mrs. Washburn as is
well known, has been insane during the past
25 years. and is now confined in private in
sane asylum in the vicinity Of Boston After the
death Of her husband. Mr.. Chase, of New York,
was appointed her guardian. The will stip-
ulated that she should be cared for In the best
manner possible. and that to effect this no
money should be spared. In addition to nu-
| merOus private requests provision was made
| for public library at La Crosse and an orphan
asylum in Minneapolis. In this state the widow
| has right to file notice in the probate court
| that She Intends to take property under the
| provisions OF the statutes instead Of the will
| This notice must be filed within a year and sub
sequent to the time that the will is probated
The question in this case is whether such a no.
| tice can be filed by any one but the widow, who.
being insane. cannot do SO personally The
statute does not authorize the guardian to do
So and in this state the presumption Is always
in favor OF carrying out the will of the testatOr
The executors will. therefore, file bill in the
circuit court for La Crosse county, asking for
directions as to what rights Mrs: Washburn
or her guardian have In the premises. If the
court decides that the guardian or the court
itself can make an election in the place OF Mrs
Washburn, It will still be for the court to decide
whether under the circumstances of the
case it will not elect that the will of the
testator shall be carried out as he makes
ample provision in the will for her MAIN
tenance and support. In case the court should
decide that she shall take under the statute and
not under the will, she will then be entitled in
this state to the dover and lands of which the
testator was seized during coverture and also
the distribution of the share of personal prop
erty. EX-GOv. Washburn was the owner of
very valuable Touring mills in Minneapolis esti-
mated to be worth $1,000 Under the statute
of Minnesota the widow is entitled to one-third
Of all the lands of which her husband was
seized during cOverture In fee absolute. II the
court decides that Mrs. Washburn can take
against the will, life estate in one-third Of all
the pine lands and other lands owned by Mr..
Washburn within this state and one-thfrd Of the
personal property belonging to the estate, also
the fee in One-third Of the Touring mills and the
lands in the Minnesota estate, 1t will defeat the
intention Of the testator and place in the hands
of the guardian property amounting in value to
$500, 900 or $500, 900. If on the other hand, the
court decides that the provisions made In the
will for Mrs. Washburn are adequate in every
way, and that there is no reason for diverting
this large fund and placing it in the hands of the
guardian, the executors will then be able to exc
cute the trusts In the WILL pay all the legacies,
and carry out the liberal endowment for the
orphan asylum In Minneapolis and the public
library at La Crosse.