The morning call., 1893-07-27

River her husband was drowned. The
families continued their journey to Port
land, Or, and soon after their arrival the
daughter died.
The means of Widow Green and her two
bows were very limited, consisting OF two
woke OF oxen, two wagons. some cattle
and little bedding. The sons. William
0. and Calvin B. Green, were then II and
10 wears old respectively.
1t was in the spring of 1S4S that Mrs
Green contracted her second marriage.
James Terwilliger, a wldower with chill
dren, becoming her husband. Eventually
the Terwilligers settled upon section OF
forest land about three miles from Port
land, the land then being of no great
value In 1869 patent was obtained from
the Government, half Of the land being
held by the wife. Two daughters were
horn to the Terwllllgers. May and Jnlla
Viola. The elder died when only II years
of age, and Julia V. married Thomas NJ.
Richardson.
Julia Y. Richardson was the person
named as legatee In the will said to have
been signed by Mrs Terwiliger, and she
died soon after the argument III the
case was begun. Her two stepbr Others,
William O. and Calvin B. Green, the first
named of whom married, soon after
ward removed to WaIla Walla. Wash. Sub
seQuently Ca vim went to Eureka, New.
near which place he was murdered by
man named Matheney. on August IA, 1888.
At the time of Mrs. Terwilliger's death
her sole heirs between whom the mothers
east half of the Terwilliger donation Claim
might have been divided were William o.
Green and Julia V. Richardson. William
o. Green died in Walla Walla in 1878, leav-
ing a widow and four daughters. Two Of
the daughters have been married since the
commencement Of the suit.
Some time after Williams death. the
md va0
with her children to Nordhntf, Ventura
County, in this State, ana on March 4,
1889, bill of complaint was filed by them,
through their attorneys, Edward w.
and Ii. T. Bingham. in the United States
Circuit Court. to set aside the alleged will
of Mrs. Terwllliger Mrs. Green set up
claim to one-fftieth part OF property
for herself and six-fftieths for each of her
four daughters, Ciarinda. Anna b., Phi
linda and Mary o., the last named being
then only IL years Of age.
Tie defendants named in the suit were
the old man, James Terwllliger. his
was to have the disputed will set aside
and the property equally divided, half to
Mrs. Richardson. and the other to the
Greens. While the suit has been In prog
ress. one of Mrs. Green's daughters,
Clarinda, has been married to Hugo R.
H.,
ii. Barnett. A charge of fraud and for
gerry was set up by the plaintiffs, and. as
already stated, Judge Hawley so found,
without fastening the forgery upon any
one.
Two sons. Frank and Harry, were the
issue of the marriage of I. Nj. and Julia
V. Richardson, and Judge Hawley made
his final order as to them on April Is Of
this year. The court then reiterated its
opinion that the will Of Philinda Terwill-
iger was never executed nor signed by her.
Mr.. Richardson and his children are now
the appellants.
The will claimed by the defendants in
having been signed by Philinda Terwiil-
;ger is a singular document. Here is
copy:
Know all men by these presents: That 1,
Phinda Terwlllger. OF MnltnOmah County,
Or, feeling the uncertainty OF HE and being Of
sound mind and memory and wishing my estate
to be disposed of as seems TO me right. do make
and publish and declare this my last will and
testament as follows, viz:
First-I devise and Dequeath TO my daughter
Julia Viola Terwilliger, OF MultnOmah County,
Or. the house and furniture in which we now
live, and also the undivided east half of the
James Teiwiliger donation land claim that may
not hive been sold at the time OF my decease.
Sec0nd-I give and beuueaIh TO my son. VIII
liam o. Green, OF Washington Territory, my
clock, which brought across the plains
In testimony whereof. have set my hand
and seal this 14th day OF August, 1873
PHILINDA TERwILLIGER,
In presence Of John OrviS Waterman and
John Terwlllliger (wtnesses).
Upon the back of this paper was the in.
dOrsement:
Will of Philinda Terwiliger. Filed March
%, 1889. &c. WHEELER.
Clerk of County Court.
The deed marked exhibit X. offered nv
the defendants to show that Mrs. Terwii-
Tiger had made the will, Is also singular
enough. but the Endorsement upon its back
is still more so. Here is a copy of the
deed. spelling and all:
Know all men by these presents: That
|. Ihilinda Ierwilliger. of the county OF
Grafton Of one dollar in hand paid me by nv
daughter, Julia V. Terwilliger, OF the same
county and State. do hereby sell. bargain,