National Republican., 1884-06-14
EDWARD s1MMs,s WILL.
The Testator's Descendants Try to Prove
That lie Was Not Sane.

Tho circuit court, Justice Hagner presiding,
was engaged yesterday in trying issues from
tho probate court in tho matter Of tho will
of tho late Edward Simms and the hearing
will not be concluded until some time next
week. The will is dated March IL, 1888, and
after revoking any previously made, tho
testator first requests and directs that his
daughters, Catherine Virginia Simms and
Mary Georganna Simms, and his son,
Richard L. Smms occupy tho residence
known ns 3i9 G street northwest for one year
after tho death of the deceasd free Of rent
and the househould furniture remain undis-
turbed during that period. For the support
and maintenance of Richard L. Simms during
his natural life $4,000 Is bequeathod TO
Catherine V. Siinms, in trust, to invest in
safe securities and so much OF the interest
as may bo necessary is TO be used to support
him. After his death this fund with the
increase, is to be distributed as follows To
St. Vincents Orphan asylum, $1,000 to tho
trustees of st. Josephs Male Orphan asylum,
$500; TO St. AIMS Infant asylum, $780, and
the remainder evually TO Catherine " Simms,
Edwardna s. Warren, and Mary G.. Simms,
share and share alike. The further bequests
arc to Edward z. Smms of Brooklyn,
$4,000; Henry Simms of Brooklyn, $4,000,
and all the rest and residue of the estate was
given 70 tne luIee uauguleIsi Dub, nbNlnR
advanced Edwardins S. Warren $500, that
sum was charged against her share. The
testator named Catherine " Simms and VIM.
J. Warren as executors. The will was wit
messed by Joseph Shillngton, Walter G.
Brscoe, and Nathaniel Wilson.
Shortly after tho will was filed in the
registers office Edward p. Smms aud Henry
Simms, Of Brooklyn, n. Y, sons Of N.
Constantine Simms and grandsons of the de-
| ceased. filed caveat to the will, and
issues were made up and sent to the circuit
court for trial, where they are now being
heard, Messrs. Waters aud Riddle appearing
for the cayeators and Mr. VIM. f. Mattingly
for the will, and VIM. j. Warren, executor;
Catherine Virginia Simms, eXecutrix; Ed
wardina S. Warren, and Mary Georgiana
Simms. The issues arc whether Mr.. Edward
Simms, at the time of tho alleged will, was
Of sound and imposing mind and memory,
aud capable of executing valid deed or
contract, and whether tho alleged will was
procured from Edward Simms by undue in
fluence, compulsion, or fraud. Another
will, dated March 81, 1873, was brought out
in the evidence. In this paper the
testator leaves $4,000 to his son. Newry
Constantine Simms, and daughter, Catherine
V. Simms, in trust for the maintenance Of
Richard +. Simms. or his children. In case
of his death without issue, the same bequests
were made to the charitable institutions as
in the last will, and the remainder of the fund
to be divided in equal shares among all tho
hers-at-law, except the daughter of Richard,
| who was already in comfortable circum-
stances. After making the advan ce of $500
| to Mrs. f. s. Warren, a charge against her
share, the rest aud residue of the estate was
divided equally between n. G. Simms and
the three daughters of the deceased. In the
last will the share to n. Constantine Siinms
is omitted, and instead the two sons were
| given $4,000 each, and the latter now con-
tests the legality of the will.