Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1892-09-01
FIGHr roR sMEED,s uEI1Tu.

Colonel Smeed's Will Made AN Equal
Division Between His Daughter and
Mrs. Jeanette Nicholas, Whom lie De-
scribes AS Ills "a ilianced Wifc"--An Tx
citing Suit in Progress.
OMAHA, NEB., Aug. 2G.-'rhe death
in Philadelphia recently of Colonel II.
q. Smeed, chief engineer of the Union
Pacific railroad, promises TO lead to q
highly sensational lawsuit, in an at
tempt to break the will Of the deceased,
by the terms Of which the property is to
be divided equally between his daughter,
Mrs. 6. $. Cross of Emporia, Kan and
the lady who was referred to as CHS
afilanccd,' Mrs, Jeannette Nicholas of
Omaha, No papers in the case will be
filed until after Monday, on which day
the funeral will be held, but the family
has already secured attorneys and will
fight the case to the bitter end.
The contestants will claim that
Colonl Smred was not in condition to
make u will at the time the instrument
was executed that he was undoubtedly
influenced in the matter, and will also
make charges Of very sensational
nature. The family is very highly CON
nectcd, and from the prominence Of
some of the members much interest is
taken III the case.
Mr. 9. 5. Gross, the son-in-aw of the
deceased and husband of the contestant,
is the president of the FIRST National
Bank OF Emporia, Kansas, and his
father is N. 9. Gross, late president Of
the Missouri, Kansas u Texas Railroad
Company. Mrs. Cross is leader in high
society, and is ono of the most popular
and respected ladies in Eastern Kansas.
Mrs. Nicholas, the lady who is to
| figure very prominently in the case, has
| been Il resident of this city for number
of years and is the divorced wife OF W.
! q. Nicholas, from whom She secured d
| divorce in 1886 on the ground Of non
support. Although so years of age she
is still very handsome woman, with u
wealth Of prematurely silyered hair, and
| has been an object Of much interest
about the Murray Hotel, where She has
made her home. Colonel SnCcd, who
was 10 years her senior, had elegant
| quarters III the same block.
The divorce Of Mrs. and Mr.. Nicholas
| was secured by mutual consent, and on
| the day the papers were filed an agree
ment was also filed in the office Of the
register of deeds, BY which all the
| property was conveyed to Mrs. Nicholas,
with the stipulation that it should be
decided over 10 Mr.. Nicholas at any
time he had $4,000 with which he
desired TO part. This payment, how
ever, was never paid, and some time
afterward Mr.. Nicholas "quit-claimed''
all his interests in the property. This
property is still in Mrs Nicholas
name, and there is on it Il mort
gage for $4,000 in favor Of Colonel
| Smced for money advanced to Mrs.
Nicholas. During the years since the
divorce was granted, MIR. and Mrs.
| Nicholas, Smced and Mrs. Cross had
very friendly business relations. Several
months ago Colonel Smeed left for the
east for a period of rest, in the hope of
beneliting his health, and Mr.. Nicholas
went with him. The relatives in Kan
sas did not learn Of his illness until u
few days ago, and Mr.. and Mrs. Cross
started for Philadelphia. They did not
dream that the illness was a serious one,
and not until they were about to take
the train did they know of the presence
of Mrs. Nicholas IN the east
| They did not reach Philadelphia until
8 O'Clock yesterday morning, "a hours
after Colonel Smeed's death. They will
take the remains back to Emporia, and
| the "atflanced wife" will not be one of
the party.
Mrs. Cross is well known in this city,
and is much esteemed by y wide circle
of friends. During her visits here her
devotion to her father was remarked,
but for the last two or three years She
has remained away from Omaha much
more than she otherwise did, because
of Mrs. Nicholas aud the manner in
which she interested herself in Colonel
Smeed and his affairs
| Colonel Smced's estate is variousiy
estimated from $50 200 TO 100000, and
the suit that is TO be brought will be
one Of the nature that amusG and inter.
est court and audiences.