, 1891-08-19
A CONTESTED WILL.
The Legal Fight Commences Over
the Cowhick Estate.
Contestants Claim That the Will is
Invalid.
Some Fine Legal Points Involved
in the Question.

The heirs Of DIR. Cowhick were repre-
sented in court Yesterday by lawyers who
argued against the admitting of the will
of DR.. Cowhick to probate.
The contestants OF the will are o. F..
Cowhick. D. R. Cowhick and Winfield
Scott Cowhlck. Geo. G.. Cowhick, Mary
G. Wanamaker, Eliza j. Thorp, Eliza
beth Lafever, all OF whom are half broth
ers and sisters of Mr.. Cowhick. Minnie
NJ. Otis and Maude Keener the daught-
ers of another half brother, Davis S.
Cowhick are also among the contestants.
The will is what is called an Geographic
will; that If that it was not signed in the
presence Of witnesses, and reads as follows:
/, John Y. Cowhick, being in good
physical health and sound mental condi-
ton. do this 18th day OF September, 1889,
make this my last will and testament:
First-To my beloved sister, Anna Eliza
beth Neer, the income from my real and
personal estate, after repairs. insurance
and taxes are paid. She to use any house
she may select for her residence. Second
AT her death the property to be sold
and 81, 900 to be invested in some perma-
nent tund to constitute a scholarship in
the university at Laramie, to bear the ex-
pense OF one student. said scholarship to
be known as the J. Y. Cowhick scholar
ship, to be under the control of the trustees
of said university, who shall designate the
scholar who shall receive the benefit of
said scholarship, always, however, 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 aflic.
ton; 81 200 to be paid to Miss Emma
Hills If she be then living. The re-
mainder of my estate to be equally d.
vided between the three children of Anna
john w. Collins, banker, is hereby APP
pointed my executor.
JOHN Y. CowHICK.
The contest is based upon the ground
that such a will is illegal. The statutes in
regard to the matter are rather indefinite
and conflicting aud the worth of the will
can only be determined by the decision of
the courts. II the court decides that the
will is invalid a question will then arise as
to the manner Of distributing the prop
erty.
While the manner in which the prop
erty OF i~ntestates shall descend is care
fully laid down in the revised statutes of
Wyoming, the circumstances of this case
are such that it is difficult to determine
just how the distribution will be made.
The rules of descent, in the state of
Wyoming, in cases where the intestate
no surviving wife or husband, as
in the present case, are as follows:
The estate of any intestate shall des-
cend and be distributed as follows:
Frst-To his children surviving, and
the descendants of his children who are
dead, 1.-THE descendants collectively taking
the share which their parent would have
if ~living).
Second-If there be no children, nor
their descendants, her to his father,
mother. brothers and sisters, and to the
descendants of brothers and sisters who
are not lead (the descendants. collectively,
the shares their parents would
have taken. if living, in equal parts.
Third. If there be no children nor
their defendants, nor father, mother,
brothers, sisters, nor descendants of de-
ceased brothers or sisters. nor husband
nor wife living, then to the grandfather,
grandmother, u%ncles, and their descend
(the descendants taking collectively
the share of their Immediate ancestors) in
equal parts.
II this were all the statutes had to say
upon the subject there could be no diff
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 defendants 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 in herit only half the measure
of collateral relation of the whole blood,
if there be any OF the last named class liv-
ing.
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 half the measure hat the full
sister will take.
1t then remains to be decided whether
the meaning of the law is that the sister
of full blood shall have n half of the whole
estate, or whether the estate shall be
divided INTO ten equal parts. In that case
the half brothers and sisters would each
have a tenth and the full-blood sister
would have two-tenths. The validity Of