Omaha daily bee., 1885-02-20
A WAY AND A WILL.
Some Interesting Contests Over the
Estates Left by Those Who n
Gone Before.

The circuit court way engaged Wednes'
dsy and Thursday morning IN the hear.
ing of the demurrer TO the petition In the
case of the D. w. Flowree Ice company
We. Elizabeth B. Klein. The petition
states that the defendant was the wife Of
John A. Klein, now deceased; that at his
death he left a will; that his wife elected
10 take under the will In Mississippi, and
afterward procured her dover to be set
aside in John A. KleIn's lands In Iowa;
that the plaintiffs are creditors of John
A. Klein, and that they have been preju.
diced by her taking under thu will in
Mississippi and her dover In Iowa. The
demurrer is on the grounds that plaintiffs
should have raised their objections at the
time of the assignment Ct dover; that the
widow had the right to elect in each state
whether she wouldltake under the will
the terms of the will she
given her by the will and dover and
that an election 20 be binding in this
state must be entered on the records of
the circuit court which had not been
done.
The action Is an important enc as it
involves q large amount of valuable
property in the vicinity of Council.Bluffs.
The plaintiffs are repre- ssnted by Sapp
& Pussy, Palmer & Ware and Robert
I Percival as attorneys and the defendant
by her attorneys, Daley & Smith.
Sapp, Percival and Ware made argu.
ments for plaintiff and and Walter Smith
on the part of Daley 81 Smith.
The arguments were all good and par.
ticularly that of Mr.. Smith which is
spoken Of as being a very able effort and
to outsiders conclusive of the question
involved.
TRYING TO BREAK A WILL.
Objections have been filed against ad-
hitting to probate the will of James
billiard, of Grove township. From these
objections 1t appears that the deceased
was, at the time of his death, upwards of
70 years of age, and that during his last
illness, about ten days before his death,
he made a will giving his property,
amounting to about $4,000, to his wife
and son Robert, leaving the other child.
rem without any inheritance. 1t IL
claimed that the others had been given
some portion during their lifetime, ex'
cept one daughter, Mrs. Maxley, who
filed the objections. 1t appears that sht
had received $500 from her father OF
condition that she should pay him 10 pc
cent interest on it during his lifetime
, and at his death the money should b.
hers. In making this arrangement sh
gave her promissoiy note fer this amount
Instead Of having this amount givel
her In the will, she was no
remembered, and the note stooc
out against her, and the other heirswoul'
not allow 1t to her. She therefore OBJ
jects to the will being admitted to pro
bate, claiming that the old man when h
made the will was 80 affected by the die
ease and by the medicines that he we
8 not in mental condition to make a vii
intelligent'y. Some witnesses t%estiier
in support of this claim, it appeaIin
that the old gentleman WAS in such
stupor that he had to be reused fror
time to time in making the will, and tina
c he was wandering in his mind and ram
bling In his talk at the time. Fran,
Shinn, Of Carson, was the attorney TO
D the dissatisfied heir.