The Washington times., 1894-10-28
FIGHTING A MOTHERS WILL
George d. McCarty Alleges that
Undue Influence Was Used.
WANTS THE PAPER SET ASIDE
a Diamond Ring Which Lieut.. George Il.
Peters Is Said to Have Given an Actress
Figures in the ontroversy-Interesting
Quarrel Among Well-known People.

Lieut. George H. Peters. of the ship Ra-
leigh, United States Navy, and his brother-in-
law, George D. MeCarty, lawyer of New
York city, are having tilt over the will Of
/ the latter's mother. Mrs Mary E. McCarty.
! Mr. McCarty thinks his mother was i'm
/ properly influenced against him and that he
! should be one Of the executors. He asserts
Lieut. Peters at first partly agreed with him
and was going away with his ship. But he
! secured the revocation of his orders 20 join
/ the Raleigh and is now here actively fighting
4 Mr.. McCarty's effort to have share in the
/ administration OF his mothers estate. The
other executor named in Mrs. McCarty's will
/ is William H. Dennis, the attorney, of No.
4 515 Thirteenth street northwest.
In spite OF Mr. McCartys opposition Mr..
Dennis was yesterday appointed collector,
with bond fixed at 100000 Mr.. MeCarty's
attorney, Mr. A. s. Worthington. at once
noted an appeal, and the appeal bond was
placed at $1,000. The estate Is worth about
$50 600. and consists of real estate and Sc
curities here worth some S22.0 .0o0, and prop
erty in New York worth SIS. GOO.
Mrs. McCartY died at AsbUry Park. n. j.,
on July 26 last and on July 30 will was filed
here, This instrument was dated April ,,
lS93 and left s. coo to each of her grandchil-
dren, Grace NJ. Peters and Arthur S. Peters.
and all her furniture. ieWelry. and the like to
her daughter, Louisa B. Peters, wife OF Lieut..
Peters. The residue of the estate is divided
between Mrs. Peters and MIR. McCarty. George
II. Peters and William II. Dennis are ap-
pointed executors.
Mr.. McCarty on August filed a caveat. In
this he asserts that the will was procured by
,ns.ar Ia -fnA "a
/ Sophie Kempe q warm friend Of his mother
and family at whose hotels at Asbury Park
I and Lake Helen, Fla, his mother spent much
of her time The executors answered that
/ there had been no undue influence.
SUBJECT TO HYPooHoNDRIA.
In his petition opposing the appointm ent of
/ Mr.. Dennis as collector Mr.. AIcCarty asks that
/ the will be set aside and some persons not now
/ concerned or some trust company be named
to administer upon the estate.
AIr. McCarty says that in her normal condi-
/ tion his mother was . lady OF unusual men
tai attainments, great literary capacity. and
I critical observation, but when she was in a
period Of depression and hypochondria it was
F one Of the pecuIiarities Of her condition that
/ she did not recognize her proper relations
/ with her family or friends. -
Mr.. McCarty alleges also that his mother
/ had frequently told him before and after the
J date OF the viii that he was TO be one Of the
1 executors. He once drafted a viii for her in
( which he was so named.
During her last illness at Asbury Park on
I July IS, 1sg4, she delivered to him diamond
4 brooch and valuable diamond ring. a prom
( isEory note from woodward & Lothrop for
( Sl 600. and trust note for 81 100 from Mar
/ Carst J. Bright. and told him 10 take charge
/ Of them, for il she died it would be his busi-
/ ness as her executor TO dispose Of them. She
I also gave him her bank book and account
| book.
STORY or 4 DIAMOND RING.
He says he does not now believe, as he did
originally, that Sophie Kempe was the one to
influence his mother in the making of the
1 will. but offers in further evidence that his
/ sister did so as shown by the following pas
/ sage from one Of her letters TO Sopie Kempe:
The only reason that / cen think of. ran
I sack my brain as I may, for him to bring
your name INTO this IS because mother had re-
/ peated to me, laughiGgly, something you had
told him about George the petitioner) having
made a present of q diamond ring to some
! young young lady who was on the stage, and
mother said II was just like him when he
had money 10 waste it. In chatting with
Z him last week OF different subjects l referred
/ to this unthinkingly. and when he asked who
told mother, ETC., etc, l mentioned as care
/ lessly, as one does say things among friends,
/ that you had told mother as joke. He be-
/ came very angry, but 1 never supposed there
! would be any such result as this.
Mr.. MeCarty says that there was no joke
/ about his conversation with his sister, As to
+ diamond rings. he says he gave two to his
mother, and they are now in his sisters pos
] session.
He asks that some good trust company be
1 named TO settle the estate, and especially asks
/ that be be allowed to be present at the open
/ ing OF his mothers box ut the Washington
/ Loan and Trust Company.