Rock Island daily Argus. (Rock Island, Ill.) 1886-1893, 1890-01-23
LITIGATION MORE LIKELY.
What will Become of the Dayen-
port Estate?
The sufacieney OF the Old Will Ques-
Won or Doabt---The Divorced Wife
Enters Her Appearance-.-who are
the Legal iie,rsY

Fully a week ago the ARGUS published
the TACT thsti was very likely that there
would be contest over the will of the
late Bailey Davenport executed July 8.
1855. 1t wts reported then that certain
OF the relatives proposed to take excep
ton to the children of Geo. L. Daven-
port being declared the sole heirs at law,
the ground assumed by the contestants,
as heretofore described, being that Geo.
Il. Davenport. and Bailey Davenport,
were but half brothers having the same
father but not the same mother. II this
were proven 10 be the case ii would make
quite decided difference 10 the legal
heirship. Al old settler, who claims to
know the early history of the Davenport
family, says that Bailey Davenport's
mother was only fifteen years old when
his older brother, George Davenport,
was born, the latter's mother, as
is alleged. being the mother of Bailey's
mother. Upon the accuracy OF this as
sertion depends the future ownership of
the vast estate of the late Bailey Daven.
port. If Bailey and George L. Daven-
port had the same mother and were
brothers in truth. then by the law of de.
scent the estate goes to the sons and
daughters of the latter, who are now in
possession. II their mothers were differ
ent, the estate ought properly to pass into
the possession of the heirs of Bailey Dav-
exports mother, both under the will and
under the law.
A new phase arose in the case when the
application was made ia the county court
the other day by the Geo. Davenport
children to probate the will drawn July
8, 1856. Judge /. o. Wilkinson entered
the appearance of Bailey Dsvenporl's
divorced wife, Mary Grace Lyude, who is
still living, an6 protested against the will
being probateo on the ground of its in
sufficiency. Judge Wilkinson produced
the records o. the marriage of Bailey
Davenport and Mary Grace Lynde, July
10, 1856. and argued that the will having
been drawn two days before. was revoked
by the marriage under the Law, and ought
to be set aside Col. Curtis argued on
the other hand that the fact that few
years later Bailey Davenport and his
wife were divorced in Peoria county. put
a new aspect on the future of things, and
pending the producing of certified copy
of the divorce proceedings, q continuance
was taken.
In the meantime the Geo. L Daven-
port heirs are in possession. and have APP
pointed Col. Henry Curtis. Jr, collector
of the rents of the estate. The belief
held by many that MIR. Davenport max
ing his will as ne did two days before the
intended to ignore his coming
wife, is not justified. A large portion of
the estate is in no way disposed of in
the will. although such part as provision
is made for, WIS intended to go to Susan
NJ. Goldsmith, his mother. In one Sec
ton he beque aths to her the undivided
half of his real estate-not herein de-
IL may be taken that the
other half he intended for his wife.
Taking any view of the case it is fair |
10 believe that Bailey Davenport certainly
intended to have made another will be- |
fore his death. but he did mt, that's evi- |
lent, from the light so far had on the |
subject.