Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-06-20
STELLA HORIZONS ESTATE.
Two Wills Produced Purporting to BE Mad
by the Deceased.

Two Wills Produced PurportinG to Be Made
by the Deceased.
This morning before Judge Cox, in Circuit
Court No. 2, the trial Of the contest over the
will Of the late Annie E. Northcutt. alias Stella
Horton, was commenced, John McGrane, a
brother Of the deceased, contesting the will on
the ground that the purported will dated
February 26. 1892, by which the
real estate Of the deceased was left to Joseph
H. McBann of this city and her personal es-
tate to her sister, Myra Dugan, and the latter 9
daughters. was revoked by q subsequent will
dated September 81, 1892. by which the estate
was divided between the two brothers Of the
deceased, two.thirds to Lawrence McGrane,
now deceased, and one-third to John McGrane.
Shillington Il Forrest appear for the caveatees,
and J. j. johnson and L. E. Bailey for
the caveator. Six issues were certified
to be tried by the jury affecting
the will of February 26, 1892 They were as fol-
lows: l. Was it in due and legal form? q We're
Its contents known to the deceased at or before
its execution by her? 8. Was the deceased at
the time Of its execution Of sound and dis
posing mind? l. Was it procured by I'M
due influence exercised by Myra Dugan
or Joseph H. Mccain or by any one else? 5.
Was 1t procured by fraud by these persons? 6.
Was the will subsequent to its execution altered
or revoked in whole OF in part, and il in
part, what part or parts?
Messrs. I. II. Csllan, R Ford Combs. Albert
H. Shillington and Joseph Shillington the wit
nesses to the will Of February 26, 1892 identi-
fed the will, and testified that it was signed
and witnessed in the Office of the last named,
46S Louisiana avenue, on that date.
WITNESSED LArER.wILL
For the caveator, John McGrane, the brother
Of the deceased, James Montgomery and Ber-
nard Clements Of Brooklyn testified that they
witnessed the will of September 81. 1892, signed
Kate Davis, which. they stated, was
made at the home Of Lawrence Nc
Crane in Brooklyn. John Ennis, also
Of BROOKLYN. testified that he was present when
the September will YVES made and identified IT,
caveatee rested their case, virtually abandon
ing their case as to all the is
sues but that one relating to the
alleged revocation Of the will Of February &c.
1892. by the paper Of September 81, 1892, coun-
sci for the caveator contending that as the pur-
messed by but two persons it could convey
nothing more than the personal estate Of the
deceased.
For the caveator Mr.. Joseph Shillington
briefly opened the case, stating that they would
show beyond all doubt that the deceased was
not III DTOOkiEu Ou tue uty tQat she WAS
alleged to have made the will there, on
September 81. 1892; that she was in
Washington during the whole Of the en-
campn,ent week. September 1924, 1s9,.
Clerk L. P. Williams OF the District Supreme
Court testified as to the date Of the encamp-
nlent. and Thos. Mcpherson. the coachman Of
Mrs. Northcutt. testified that she was in WASH
ington during the entire week o: the encamp-
ment
Miss Katie Howard, young woman. testi-
fed that she lived at Miss Horizons house, and
that Miss Horton was not out of the city on the
21st Of September 1892.
To MIR. Bailey the witness stated that she had
come to Washington from New York. and that
she had lived in Boston, New York, Chicago
and various other places. She and q number
Of other ladies boarded with Miss Horton.
Witness knew what a house OF prostitution was,
but had never heard Miss Horizons house re-
ferred to SUCH
Mr.. Bailey subjected the witness to long
cross-examination, but she insisted that Miss
Horton was not out Of the city on the 21st of
September, 1892.
Sarah Mclean, a very black and very stout
colored woman, testified that sh3 was Miss
Horizons cook and that Miss Horton did not
leave the city during encampment week.
Chas. II. Hospitable, clerk in Woodward &
Lothrops store, testified that on the 21st of last
September Miss Horton was in the store about
3 o'clock in the afternoon, and also in the store
the next day, purchasing goods on each occa.
sion. Witness identified two checks given BY
Miss Horton on the days named In payment Of
the goods.
ADArE FIXED By A CHECK.
Jas. Kearney, the assistant superintendent of
Woodward Lothrop's store, testified that on
the afternoon Of the 21st of last September he
drew up a check for Miss Horton on the Cen
trail National Bank OF this city for S173, in pay
ment Of goods purchased from the store that
day by her, and that she then and there signed
the check in the presence Of witness.
W. W. Marin stated that in September last he
was the assistant receiving teller Of the Central
National Bank and that Miss Horton had an ac-
count with the bank at that time. He identi-
fed the checks given Woodward 4 Lothrop on
September 81 and % last b. Miss Horton rs
having been signed by her, and said that they
were paid at his bank on the 23d and oath OF
that month, respectively.
Jennie Briscoe, young colored woman, tes-
titled that she was Miss Harton's chambermald
and that Miss Horton was not out of the city
during encampment last September
In rebuttal counsel for the caveator called
Mrs Lawrence McGrane, who testified tina,
Mrs. Davis Miss Horton) arrived at the home
Of witness in Brooklyn about noon on the 2lst
of last September, and that she signed her will
that afternoon.
This closed the evidence in the case and Mr..
Bailey began the argument Of the case for the
caveator.