The evening times., 1895-10-18

A caveat to the famous will Of Judge
Joseph Holt was filed by the heirs'at.la W
with the register of wills to-day.
There were no proceedings in open court.
Judge Jere Wilson, of the firm of shella-
bareer & Wilson, counsel for the caveators,
took the paper to the registers office just
before 10 o'clock and left it with Dr..
Griffith. the assistant register.
Judge Wilson came alone, and there were
no representatives of the bensficiaries
present. orlan C. Cullen, who purports to
carry the secrets of the will in his bosom,
was conspicuous for his absence.
The caveat declared that the alleged
will was not the last testament OF Judge
Holt, and was forgery, pure and simple.
CONTEST is GENUINENEsS.
THE petition OF Washington d. Holt.
William d .Sterrett, Margaret bowmer- J ohm
W. Holt, Locke W. Igieliart, Sarah Holt,
by John W. Holt, her guardian; Robert 8.
Holt, Thomas Holt and James Holt, re-
spectfuliy represents:
"a certain paper writing, bearing date
the 7th day of February, A. b. 1873, pur-
porting to he the last will and testament
OF Joseph Holt, deceased, in and by which
Luke Deviin, of the city OF Washington,
District of Columbia, is appointed guardian
thereof. having been heretofore propGunded
before this court US such last will and
testament or the said Joseph Holt, deceased,
for probate in and by said court, but upon
which no action has yet been taken by
the court admitting tile same to probate,
the undersigned caveatprs, Washington ID.
Holt William &. Sterrett. .Margare, Bowmer.
John W Holt, Locke W. Ifiehart, Sarah
Holt by John W Holt, her guardian; Robert
s. Holt Thomas Holt and James Holt, pur-
suant to the law and statute in such case
made and provided, do hereby contest the
said probate and the validity of the said
paper writing, so purpOrtfng to be such
Ia st will and testament OF the said Joseph
Holt. deceased, and for that purpose, al
legc against the validity OF such alleged
will, and against the competency of the
proof thereof, as follows:
CONVENTIONS OF THE HEIRS.
II. That the said paper writing is not
the last will and testament OF the said
Joseph Holt, deceased.
.2. That the said paper writing, SO
purporting to be the last viii and testament
of the said Joseph Holt, deceased, ls
forgery and never was signed or aclSnowl-
edged by the said alleged testator.
.3. That the said paper writing never
was signed by the alleged attesting wit
nesses, whose names are affixed thereto as
Iife WttIpsStS To tlt tAtthtioh VI Shib 81
legged will, nor was the same declared TO
be his last Will and testament b. the said
alleged testator, in the presence of sqid al
leeed witnesses, or either oil item.
~. These caveators further allege that
the said attesting witnesses 10 said al
legged will, whose names appear as such on
the face OF said paper writing, did not, nor
did either of them, sign his or her name as
a witness 10 said alleged will at the request
fncf of
presence nor in the presence or each other.
IS. These caveators further ailege that,
even II the said alleged testator did exc
cute and sign the said paper writing,
which they deny, as aforesaid. YET these
cavca tors say that the said paper writing
purports to dispose of both real and per
sonal property, but IL does not appear
thereby that the same was duly executed,
as required by law. in this. that IL Is re-
Quired by law that such last will and testa-
mcnt shall be attested and subscribed in
the presence OF the testator by three or
four credible witnesses. or else ii shall
be utterly null and void and of none effect;
whereas, it does not appear by the race OF
said alleged will and test ameIit of the said
Joseph Holt, deceased. that the said at
testing witnesses did so subscribe the same
In his presence.
NOT HIS LAST WILL.
"G. These caVeIIOTS 1uEtucI dueSe tidt'
even if the said alleged tcstator and the
said alleged witnesses did sign and witness
the said paper writing as the face OF said
alleged win purports, which these caveators
deny, yet the said paper writing. SO pro-
pountled for probate and record. is not the
last will and testament of the said Joseph
Holt, deceased, because these caveators
say that, even if the said alleged tcstator
eyer did sign and execute the same, which
they deny lit was fterwardbyh hfmreyoked,
apuulled and destroyed, by the removal and
tearin.. of his name from said paper writ
ing by the said alleged testator- and by
otherwise mu.ilating and by burning the
same, which nutilatiOn and destruction
,yas done with the intent to revoke ana
cancel the said alleged viii; and these cave
ators say that thereby and by other acts OF
the said Joseph Holt, deceased, done with
the purpose and intent to cancel and revoke
the said alleged will. the same was can
ceIled and revoked.
~ These caveators further say that.
even if the said alleged will was in TACT
ever executed by the said Joseph Holt, de-
ceased, which they deny, and even if the
game was, therefore. during his lifetime
in his possession, yet the same was not
in the possession of the said alleged tes-
tator at the time OF his death, and WIS not
found in his possession or with any of his
papersoreffects. Or many custody or keeping
which was known to or authorized by him;
but, on the contrary, the same had been
mutilated and destroyed. as aforesaid, and
WAS fraudulently. and without disclosing