Arizona republican., 1894-06-24
FRY WlNS.. The Will of His Son Not Admitted to Probate. An Appeal Is Taken to the District Court. The Decision Based on the Ground of Undue Influence. A Motion to Hold the Estate Within the Jurisdiction of the Court
 Is Overruled.

A few weeks ago in connection with the report of a political meeting there appeared in the local columns of THE REPUBLICAN the interrogatory, Are ye there, Moriarity?" Moriarity got there yesterday. Reference is hereby made to the decision by Judge Jordan in the Fry will contest case in favor of the contestants.
 The judgment was something of a surprise and when it was announced the attorneys for the petitioner looked at the probate judge as if to say, "Will you please repeat that?"
 The court had announced that the decision would be rendered at o'clock | Beside dozen spectators and the law yers on both sides no one was present. The petitioner, who had been at her place constantly during the four days trial, was conspicuously absent and the contestant was represented only by his nephew, G. L. Mcdowell. | The decision was brief and recited that though much evidence for the contestant was contradictory and IT, relevant; and that the wheat had been separated from the chaff with great difficulty, there still remained a pre- ponderance iE his favor and accord ingly it was the judgment of the court that the will be not admitted to pro- bate.
 Judge Woodward immediately gave notice of appeal. He also entered into an argument in favor of an action by the court to secure the interests of Mrs. Butler, pendente lite. He asked that steps be taken to impound certain property which had been transferred to the conteatart and had been removed from the jurisdiction of the court. He reverted to the citation which had been issued to require the contestant to make an accounting of the property
 In reply Mir. Moriarty stated that the contestant had already complied with the direction of the citation and now that the court had denied the will there was no one in interest to whom an ac- counting could be made. Even, said he, admitting the genuineness of the will. the insurance policies from which Mrs. Butler must derive her legacy were | ahcduy "i9hOuo IIO JuiiouiC1iOA oi lllC court. In the property described in the citation she had no interest.
 MT. Magne for the petitioner, con- tended that an inchoate administration began with the death of young Fry and that pending final settlement of the contest the custodians of so much of the estate as was at that time within the jurisdiction of the court were those who took charge of it upon his death. They were therefore yet administrators in effect. The court overruled this view of the case.
 Judge Evans asked the court to designate more particularly the ground upon which his decision was based, and show what had been established by the contestants preponderance of evil dence. Judge Jordan replied, "Unoue influence" admitting the genuineness of the signature.
 The appeal takes the contest to the district court where it must be gone over again de novo. In the meantime the petitioners interests are not en- dangered however vexatious may be the delay. The father of young Fry has already been granted letters of ad- ministration upon the estate in Penn sylvania and his bondsmen will be just as responsible at the close of the next contest as at the close of this one. In the meantime the insurance companies which issued the $20,000 worth of miss ing insurance policies, will should they be discoverd hardly pay them until the case is finally disposed of.