, 1891-06-20
DR.. COWHICK'S WILL.
1t Was Filed for Probate in the
Court Yesterday.
In the Opinion of Lawyers 1t is
Absolutely Worthless.
The Fatal Defect is That the Sigma,
ture Was Not Witnessed.

The will Of the late Rev. DR.. Cowhick
was yesterday filed with Court Clerk
Atkinson but It seems more than doubt
full that it will ever be admitted to probate.
This Is the opinion of all the lawyers who
have examined it, the fatal objection
lying IN the fact that the signature was
not witnessed by two people. The will is
written on an ordinary sheet OF note paper
in the doctors own hand and was
examined with much curious interest yes
terday. 1t is a very plain matter of fact
document and is presented in full below:
|, John Young CoWhick. being in good
physical health and sound mental condi-
ton. do this 18th dav of September, 1889,
make this my last will and testament:
First-to my beloved sister Anna Elizabeth
Neer the income from my real and per-
sonal estate after repairs, insurance and
taxes have been paid. She to use any
house she NAV select for her residence.
Second-At her death, the property to be
sold and $4,000 to be invested in some
permanent fund to constitute a scholar
ship in the university at Laramie. to bear
the expense of one student, said scholar
ship to be known as the j. Y. Cowhiek
scholarship, TO be under the control of the
trustees of said university, who shall des-
ignate the scholar who shall receive the
benefit of said scholarship, always, how
ever, giving preference to a Cowhick
should there be an applicant of that name.
Third-One thousand dollars to be paid
to Winfield Scott CowhIck because of his
affection; 81 900 to be paid to Miss Ella
Hills'if she be then living. The remain
der of my estate to be equally divided be-
tween the three children Of Anna Eliza
beth Neer, or the heirs of each. John
w. Collins, banker, is hereby appointed
my executor. JOHN Y. CowHIoK.
The will, strange to say, has not been
witnessed, and Is, therefore, under the
law defining the requisites of a valid will,
not worth the paper on which it is
written.
This fact, of course, leaves the property
to descend according to the rules pre-.
scribed by our statutes. But, while the
manner IN which the property of intest-
ates shall descend is carefully laid down in
the Revised Statutes of Wyoming, the
circumstance of this case are such that it
is difficult to determine just how the dis
tribution will be made.
The rules of descent, in the state Of
Wyoming, in cases where the intestate
leaves no surviving wife or husband, as IN
the present case. are as follows:
The estate of any intestate shall des-
cend aud be distributed as follows:
First-To his children surviving, and
the descendants of his children who are
dead, (the descendants collectively taking
the share which their parent would have
taken il living.)
Second-If there be no children. nor
their descendants, then to his father,
mother, brothers and sisters, and to the
descendants of brothers and sisters who
are not dead (the descendants, collectively,
taking the shares their parents would
have taken. if living), in equal parts.
Third-lt there be no children nor their
descendants, nor father, mother, brothers,
sisters, nor descendants of deceased broth
ers or sisters, nor husband nor wife, liv-
ing, then to the grandfather, grandmoth.
er, uncles, aunts and their descendants
1.-THE descendants taking collectively the
share of their immediate aucestors) in
equal parts.
If this were all the statutes had to say
upon the subject, there could be TO diff
Guilty in the present case, as the sister
would take the whole estate. But a few
sections further down the page the follow
ing is found:
Children, and descendants of children
of the half blood, shall inherit the same
as children and descendants of the whole
blood, but collateral relations of the half
blood shall inherit only half the measure
OF collateral relations of the whole blood,
if there be any of the last-named class
living"
All of DR.. Cowhick's surviving relations
are collateral relatives. According to the
rule last prescribed, the relations OF the
half blood, comprising in this case three
half brothers here, one half brother in
Missouri, and three half sisters in Ohio,
will take in halt the measure that the
full sister will take.
But the question for decision is
what is this half measured Does it mean
that the whole estate shall be divided into
nine equal parts, of which the sister shall
take two, and the other seven be divided
into nine equally, one to each of the seven
remaining relations2 Or does it mean
hat the sister shall take half the whole
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