Evening star., 1895-10-18

or consent of the said Joseph Holt, de-
ceased.
even II the said Joseph Holt. deceased. did
execute and sign the said paper writing,
which they deny. yet they allege that such
signature and execution was procured by
, the fraud and undue influence practiced
against and upon the said Joseph Holt. de-
ceased. by some person or persons to them
now unknown.
wherefore, these caveators pray that
: the said paper writing may be refused pro-
bate, and that issues may be framed be-
tween these caveators and the proponents
of said alleged will and sent to the Circuit
Court, to be there tried by jury, In order
to determine the allegations OF fact bear
ing upon the validity of said will.
The caveat is signed by Washington ID.
w. G. Sterett; Jno. w. Holt, Locke w.
Iglehart, Sarah Holt, by Jno w. Holt, guar
dian; Robt. S. Holt. Thomas Holt. James
Holt by Jno. w. Holt.
Future Proceedings.
The caveat now having been filed,t the next
step in the case. according to the usual
practice in such cases. will be replication,
to be filed by the propounders of the alleged
will, the executor and beneficiaries under it.
In that they will, of course, deny the allie
cations made in the caveat attacking the
validity of the instrument and will also as
sert that the instrument was duly. and le-
gally signed and executed. In other words,
those who offered the paper for probate
will join issue with the heirs-at-law. and
will then join in the prayer of the latter
for making up of the issues OFFSET 10 be
determined by a jury in the Circuit Court.
The respective parties may, as Is not un-
usual in such cases, be unable TO agree
upon the precise form Of the issues. and in
such an event the court decides just what
issues shall be sent to the Circuit Court.
The replication of the propounders Of the
alleged will may be filed at once, or it may
not he filed for weeks. But If it should not
be filed within a reasonable time, the heirs
at-law would be entitled to come into court
and ask that 1t be filed within certain
fixed period.
II is more than probable. however, that
there Will be no unnecessary or unreason-
able delay in the matter on the part of
either si6e and it Is believed that within
months time the issues will have been
made up and the case duly certified up to
the Circuit Court for trial there.
t Chances for Trial.
Will cases have precedence in the Circuit
Court, and those already upon the calendar
of that court are, at the commencement of
each term. generally set down for an early
hearing.
j The calendar for tho present (October)
term of the court was long since made up,
and 1t is extremely doubtful it is said
whether the Holt case could be tried at
the present term, which closes with De-
cember. But it is thought that the issues
IN the case will have been made up before
then, and hence 1t is more than probable
that the case will be on the calendar at
the commencement of the January term,
the FIRST Tuesday in that month.
therefore. a trial OF the now famous
case may confidently be expected some time
dur.ng January, or February next. In fact
Mr. Blair Lee, of counsel for Executor
Oevlin. stated. this afternoon. that he be-
Heved that the case would be tried some
time next January. Mr.. Lee explained that
he had not read the caveat filed today. and
begged to be excused from saying anything
further in the matter at the present time.
Supreme Court.
OF course. an appeal lies in such cases
from the Circuit Court to the Court of Ap-
peals. and to the latter tribunal it can be
taken on appeal by the defeated parties.
The amount in controversy far exceeds, of
course, tho sum of 5000, and hence the
case can therefore be carried to the United
States Supreme Court. That it will. in
course of time, reach that court, there
seems to be no doubt whatever. as the
case is expected to develop INTO one Of the
longest and fiercest legal fights ever known
here.
Mrs. Thr0ckmOrtOn's View.
When Star reporter called upon Mrs.
Fhrocllmorton, grandmother Of one of the
heirs under the will, and told her of the ma
ture of the answer that had been made by the
lawyers for the he!rs-at-law. she expressed
much interest in the allegations set forth
Speaking of the assertion that the will of
1S73 was forgery. she said:
II have not seen the will itself and am only
able to judge from the copy of 1t saw in
Nhe Star in August. do not believe that
any one who is at all familiar with Judge
Holts handwriting would have any doubt
OF the will having been written by him. AS
to the statement that the will was procured
by fraud and undue pressure, cannot un-
derstand how that can be said for lone of
us knew that this will was in existence.
I did not know thing of it until was
told of it the day it came out in the news
papers. 1t does not seem reasonable that
any one eiSe-any one unknown to US would
nave gotten this will from Judge Holt for
the benefit Of my granddaughter and Miss
tiynes. What their motive could have been
j cannot understand, and, more than that
Judge Holt was not the man to do things
IN that way. What he did he meant to do.
Neither my son nor myself certainly made
any attempt to persuade Judge Holt to
make any disposition of his property to
our advantage, and Josephine when this
VIII was written was little child. She
certainly did not.
Il can give no reason why the will was
written as 1t Is, or why Judge Holt should
have made the disposition of his estate
that he did. but I feel sure that this will
is in Judge Hollis handwriting, that he
meant to do what he did. and that no one
influenced him in it,
Judge Chonte Retained.
The step taken this morning by the heirs
ht-law is simply their formal acceptance
of the challenge for combat. When tho
case will be taken up, or what the line Of
battle will be on either side can now be
only matter of conjecture. 1t is said,
upon good authority, that Judge Joseph H.
CEoate of New York has been retained by
Maj. Throcknorton to assist Messrs. Blair
Lee and Darlington In the conduct of the
case. This shows their firm belief in the
sufIiciency of the will, and the advantage
they nave in the situation.
THE NASHVILLE PARTY.
SaJ News Which Took the Mayor and
Hts Daughter Home.