Evening star. [volume] (Washington, D.C.) 1854-1972, 1889-01-04
COL. PITCHLYNN'S WILL.
Legal Controversy Over the Estate Of the
Late ChOctaw Chief.

| Aegal controversy over the Estate OF the
| Late ChOctaw Chief.
HIS WASHINGTON WIFE AND HER cHrLDREN-AP-
| CELEBRATED cHocTAw CLAIM INVOLVED IN THE
LITIGATION.
side issue OF the Choctaw claims case is
now in the Probate Court in which q petition
has been filed asking for the probate of the will
OF the late Peter p. Pitchlynn. The decedent
was well-known chief of the Choctaw In
dams, and for many years was the representa-
tive OF his people at the seat of government.
He married in this city Miss Caroline NJ. Eek
LOFT, who survives him with eight children, and
his principal estate was his interest in the
Choctaw claim supposed to be in the neigh
borhood of S10O, 900. There was. however, no
will offered for probate here, and there has
consequently been no settlement of the estate.
One of the sons. Thomas Pitchlynn, had some
business relations with Robert Morrison and
Thos. Q. Hildebrant, and on Dec 16, 1886. he
| made and delivered to them power of attor-
| ney making them his attorney ''in any matters
arising out of the will of my father. Peter
| Pitchlynn, late of the District" This was &C
cepted by them in the belief that there would
be several thousand dollars coming to the son
| from the fathers share in the claim. 1t is
L.
John n. Oliver, petitioning for the probate of
the will. The petition filed states that the de-
ceased left a will as is evidenced by
LETTER OF MRS. PITCHLYNN
to her son Thomas, dated May 80, 1887. This
letter states:
''1st. That when the will of your father, Peter
p. Pitchlynn, deceased. was executed, it was by
him committed to the care and custody Of
John B. Luce, now deceased. with instructions
tn faIv Gaa fha INIT To- mot
proceeds claim against the United States should
be paid If ever. to the Choctaw nation. ID
| That after the death of the said Luce. the said
will came into my possession as executrix. and
was sent to Campbell Lefore, lawyer in the
Choctaw nation, where alone it could be pro-
bated according to law, with instructions to
have that done the laws of the Choctaw
nation require. Sd. That the testator by whom
the said will was executed had no property,
real or personal. within the District of Column
bia to which the provisions of the said will
could be applied. 4th. That the said testator
was not a citizen of the United States. or of the
District of Columbia, but was a citizen of the
Choctaw nation, and he had no residence or
domicile in the District Of Columbia, except
such residence as he had acquired as an official
representative of the Choctaw nation, charged
with the duty of representing said nation in
respect to its interests and claims against
the government of the United States.
5th. That whenever there shall exist any prop
erty to which your father would have been en-
titled if he had lived, the will which you have
demanded shall be produced in court (and
which has been transmitted to Campbell Lee
fore for the purposes above stated. will be
fully proved. and its provisions strictly COM
piled with according to the known express wish
and desire of your deceased father. SETH That
as l now remember the provisions of the said
will, am named as executrix therein, and the
money which your father expected to realize
and receive from the Choctaw nation land he
hnd nfnfrn nf
money from any other source) was directed by
said will to be distributed as follows. to wit:
After the payment of all Just debts. one-third
of the said estate was devised and bequeathed
to me absolutely and in my own right. The
other two-thirds of said estate directed to
be divided equally among your fathers eight
children or their heirs"
THE WILL FILED IN THE CHocTAw NATION
A letter was also sent to Henry E. McKee,
making inquiries for the will. the papers of
Mr.. Luce having come into his possession, but
he replied that the will WAS not in his possess
sion and never had been. A copy of his letter
is appended, as also letter from Miss Sophie
c. NJ. Pitchlynn. stating from information that
the will was in the Choctaw nation. and would
be probated when there was any estate for dis
tribution.
STATEMENTS OF THE PETITIONERS.
The petition filed states that decedent, at
the time of his death and for many years
previous, resided in the city of Washington,
District of Columbia; that he had married a
resident of said city and District. Caroline NJ
Eckloff. and he had large family of children,
all of whom were born in said District. have
resided here ever since their birth, and that
neither they nor their father or mother ever
resided anywhere else prior to the death of
their father, and that the children and their
mother have continuously resided within the
jurisdiction of this court ever since the death
of their father. and that none of them have
any other residence unless it be Thomas
Pitchlynn, who resided here from his birth
until within the past few weeks. when he left
They state that the power of attorney was
given them as above set FORTH and charge that
Caroline NJ. Pitchlynn, the executrix named in
the will of said Peter p. Pitchlynn, has received
large sum of money belonging to said estate
the terms of said will and the law in force in
this District; that Thomas Pitchlynn is entitled
to share of whatever money said Caroline NJ
Pitchynn has SO received. and that your petit
TONERS and no one else have power and au-
thority under said power of attorney to receive
and receipt for said share winch by the terms
Of said will is due and owing to said Thomas
Pitchlynn. That the said Caroline NJ Pitch
lynn, the executrix named in said will refuses
to produce the same for probate and record.
although she has been frequently requested so
to do; and that said Caroline has had notice of
the power of attorney from Thomas Pitchlvnn
to your petitioners. That by reason of the
power of attorney aforesaid, your petitioners
are interested in the affairs of Peter Pitchlynn.
deceased as attorneys at law and in fact of
Thomas Pitchlynn. They, therefore pray that
she be cited to produce the will and probate it,