The morning call., 1894-10-30
WANTED, A JURY
For the Joshua Hendy
Will Contest.
NEPHEWS' AND NIECES' WAR
Three Favored Ones Attacked
by the Disappointed.
ALL ARE FIGHTING FOR A SLICE.
Description of the Hendy GeneaIog-
ical Tree-Branches Bearing
Fruit-Others Barren.
NEPHEWS' AND NIECES' WAR
ALL ARE FIGHTING FOR A SLICE.

Probate Judge Coffey has only got rid
volved in a still more complicated action
that of the contest over the will of the late
Joshua Hendy. The case is now III the
preliminary stages of trial before a jury,
and there is a respectable array of legal
talent engaged.
The facts of the case, which is to result
in 80 much legal strife, are these: Joshua
Hendy died on October y, 1891, leaving an
estate valued at about S500.000 Three
days after his death a will was produced
bearing date May 81, 1891. with a cOdieil
dated two months laier, by which Hendy
bequeathed nearly his whole estate to
Samuel j. Hendy and John II. Hendy,
nephews, and Mary Frances McEwen, a
niece, in equal shares. The three bene-
fciaries were made executors OF the tes-
iator's will, without bonds. OF the little
that remained brother of the testator.
Samnel Rendy, was beQueathed pittance
Of $40 mOnth for life.
But in addition to these relatives there
were other nephews and nieces of the late
Mr.. Hendy who were quite ignored in his
will. They are aggrieved and are making
all the trouble. Ii was this way: Hendy
had four brothers, George. William, John
and Samuel. The three frst-named had
children, the two lucky nephews being
children OF George and the lucky niece
child of William Hendy. But both VII
liam and George Heudy had other chill
dren, who. together with the children of
John Hendy, were completely ignored in
their uncle'S Will. Samuel Hendy, the re-
manning brother, has no children. but ne
thinks he has a kick coming Gecause he
was only lett $40 a month.
The result Ut all this was that three con-
tnSks ware filed Ona hV Samupl Handy
the disappointed brother. George W.
Hendy, nephew, and Alvldin Jane
Raugh, niece; a second contest by Eliza
beth Rogers, Kate Jarrett and Leila GAVIN,
all nieces; The third contest by josephine
Green, a niece, and daughter of JoShua's
brother, William.
All three contests are based on praCti-
cally the same grounds. There are three
causes of aciOU-the alleged unsoundness
of mind of the testaIor, the alleged undue
influence exercised over the testator'5
mind by the three beDeficiaTies with whom
he resided and, third, alleged fraud. The
petitions are fer revocation of probate of
the Will, which was admitted To probate
some time ago, and are similar n char
acter. That of Mrs. Josephine Greer, how
ever, differs slightly from the Others. in
that the petitioner states that shs had
been as a daughter aud nurse to Joshua
Hendy, and that it was understood be-
tween herself and her uncle that Shr was
to inherit Gne-thlrd OF his property at his
death.
Plenty of lawyers are in the case, At
tnrney-General w. H. Hart, General w.
II. l.. Barnes, Aylett L. Cotton and other
| attorneys Tel rrsenting the various heirs,
while the will is being upheld by the firm
of CARRIER, Boalt IL Bishop in the person of
Attorney Charles Wheeler.
The whole of yesterday was passed in
a vain endeavor To secure a jury. The
panel was exhausted, however without
twelve men being selected. 1t is expected
til at the panel Will be completed by noon
to-day and the taking of testimony begun.
Only one juror furnished little merri-
ment Yesterday. He was business man
and appeared in court with a very long
face. lu answer TO questions this Juror
said his business affairs were in such a
state that he could think of nothing else
could you, if selected as juror in this
case. weigh the evidence carefully and give
your verdict from that alOne?" asked Gen.
eral Barnes.
mo, couldn't" was the emphatic re-
ply. Il wouldn't care a jot what the tes-
timony was"
Judge Coffey decided in an elaborate
kind of way that this jurors state of mind
was such as to disqualify him for service
and he was let go.