The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1883-05-19
THE RIGHTS OF AN INSANE
WIDOW.
Two Conflicting Decisions Regarding Eek
Gov O. q Mashhurn,a VIII.

Two Conflicting Decisions Regarding Eek
Gov. Q. G. Washburn's VIII.
MILWAUKEE, May 17.-There Is a startling
phase ia the litigation over the Will OF the
lata Gov. Wsshburn, who left various individ-
uals aud charities $500 900. There have
been two decisions rendered recently by two
different courts, giving a construction 10 this
will, aud whst seems most singular Is that the
two DE- cisie MS are apparently in direct conflict
In one eourl--fhe probate Court Of Hennepin
County, Minn.--it is held thai the provisions
Of the will make necessary an "election" by
the widow whether she will take the proyis-
ions OF the viii or the property AS It would go
by the law OF descent In the other court-the
Circuit Court OF La Crosse County, Visit Is
held that there Is no such provision made IN
the will for the benefit of the widow makes
an election eeessary ON her part. Ex-Goy.
WSshburn was man we'll known as strong
minded, clear headed, wise .sagacious and basi-
ness like. BY his sound judgment, his thor
ough knowledge Of almost every department
OF business, his untlring energy, and his close
attention 70 business he accumulated a vast
estate. His wife had been for more than %
years the inmste OF an insane asylum at the
time OF his death, and Is to-day iucnrsbiy in-
sane. He provided for her in the following
clause ia lis viii:
II direct my executors, TO bear constantly ID
mind the wants 0f my wife, aud 10 set aside,
use, and expend whatever money may be
necessary, consistently with her condition, TO
pf0NlU8 iGE nEE CDtaiDit anu physical NtaltBt
and place no limit upon the sums which they
may spend for the purposes indicated"
By the law OF descent the widow OF Mr..
Washbnrn would be entitled 10 one-third OF
the personal properly and life interest IN
one-third II his real estate in Wisconsin and
an undivided oIe-lhiTd in fee simple
OF all his lands ia Minnesota. Judge
Ueland, Of the probate court Of Hennepin
county, Mimi decided that the viii clearly
shows such provision for Mrs. Washburn,
that she must elect between the will aud her
rights, uader the laws Of Wisconsin rrguIat-
ing The descent Of properly, Judge Newman,
ol the La Crosse Circuit Court, decided the
contrary Of this, and holds that there is not
such provision in the will as calls upon the
widow to make an election between the pro-
visions OF the 3 II and the Law regulating the
descent Of property in Wisconsin. BY the
laws Of Wisconsin il the will contains Pro-
vision for the beneft OF Mrs. Washbu,n, then,
unless she, within one wear after the death OF
her husband, reneunces the provisions Of the
WILL she is deemed 10 have accepted the same
IA lieu pf dover. III the decision Of Judge
Newmsn.ss sound, the guardian OF the aged
insane widow comes into possession Of over
5000 600 OF property which be will hold and
manage for the benefit OF Mrs. Washbara
Ia the doubt and uncertainty created BY
these two apparently conflicting decisions, the
executors see no Other alternative but TO app, al
from the decision of Judge Newman 10 the s.
pyeue Court 81 the State Of Wisconsin, and TO
appeal from the decision Of the Probate Court
Of Henuepin county, to the proper court ia
Minnesota. The attorneys announce to-day
that the case viii be appealed at once Judge
Newman. holding, as be dces. that it is not
case OF ELECTION" By the widow, gives her all
the pfoyisors of tie will, and IN addition the
entire estate, which by operation Of law would
go TO Mrs, Mashnurn by the Wisconsin law Of
descent, which is one-third Of his personal es-
tate aud life interest i'll one-ihird OF bis real
estate The difference IN the two opinions is
so great that nothing short OF the decision OF
the Supreme Court can will settle the legal
construction Of the will and the rights Of MIS-.
Washburn. The entire estate has been dispos-
ed Of bg MIR. Washburn in his will. The de-
cisi "a OF both judges is 10 withdraw from $780,
600 10 100000 from the provisions OF the Will
and TO that extent defeat the apparent inten-
tion Of The tts,ator; aud by the construction
placed on the will leave IL doubtful whether
the grand charities MIR. Washburu has pruvid.
ed for in his will can be successfully carried
out In the M amer he Contemplated. The de-
cisions have created great sensation ia the
Northwest. None OF the large sums Of money
lett TO the various cities for benevolent instIu-
tons can be utilized until this matter is dis
pused Of. No end OF trouble is growing out OF
the will. The estate is the largest ever Ia dis
.pnie Ia the way that this Is in this pars OF the
country. The guardian II Mrs. Washourn is a
New York gentleman.