The evening times., 1895-12-03
LECAL Norrcrs

- LEGAL NOTICES.
F.'7 (COpy,l = = : -
I'm THE SupIeiisu cburt of the District
g esauniDla. special term for probate
M,tue matter Of the estate of Joseph
Holt deceased: No. 1888, Doc. No. 20.
Answer ol Luke DeyIn. LIzzie Hynes and
l The rc0pondenrs. Luke Devlin, Lzzie
HyneS ana jOsepiiIne Holt ThfockmortOn. to
50 mach and such parts or the Let1uon
or " ashingtun hott A1s0 others, tllo NJ re-
u on the eighteenth Gay Ut October. A. D..
1886, as Incy are ADVISED II Is material
Tor them To- make answer unto. answering.
say: ts =
1. They affirm that. according to their
| information ana beller, the paper writing
9aIsu the seventh aay OF February, A. D..
1873, Durporting 10 be- the last will and
testament OI the SAID JOsepn holt ana prO-
pounded as such by Luke Devlin one OF tha
respondents In this cause. . in iact the last
and they deny 1Ge allegations to the, con.
trary I'm said petition cOntamed.
z. They deny tue. allegations in the
second paragraph Lbf The SAID petition
that the SAID paper writing is a forgery.
ana that the same " AZ not signed ana ac-
kno wIedged by the said acstalDr.
| 5. They deny, according To their inform
alton and belief. Tie aiiegati0n in the
| third paragraph of said pc,ltlUn contained
tiIat the said paper wriuhg was not sigped
| are thereto aIfIxed, and that the said in
| sIrument was not deciared by the above
named IestatOr as his laspwiii and testament
| In the presence OF ea1uiwitnesses. and of
each of them: ana as a1sdesaid ihey assert
the contrary or each OF said allegations TO
| be true in fact.
4. These respondents believe the aIlega-
tion Of the fourth paragraph Of said peti-
tfOn. that the attesting witnesses did not
| s,gn their names as Witnesses to tie said
VIII h, aa the request T. q L said testator. nor
other, To be wholly untrue in TACT; and, az
they are advised and believe, and there
fore aver. the said allegations are. also.
wholly rnifnateriaI in law. Ior all purposes
touching the validity and effect OF the
said instrument IN 70 far as tie turikdfc.
tfon of this court Is concerned.
o. The firth paragraph OF said De
tition for cayeat. as these respondents are
advised and believe, and therefore aver
sets forth only matters OF law and requires
no answer from them. Nevertheless, as
they are advised and believe. and therefore
aver, the said fifth paragraph Is insuffi-
cieht In law, In that 1t does not aver that
aud subscribed in the testator's presence
10y three credible witnesses: and further
because such attestation Is necessary oIhv
70 the validity "a OK the he said aid paper writing IN 80
tatOr. whereas the present proceeding. In
this court. relates wholly to the personal
estate or said decedent. to which Der-
sonai estate the jurisdiction OF this court
is exclusively confined: and the respond
ents pray the same benefit of such insnf-
ficiency as if they had demurred TO said
8. These respondents do not admit
but on the contrary deny. upon informn-
ton and BELIEF. that the said paper writing
a.sS oy tne said tesiator or that the
by MIN for the purpose OF revocation or
canceihtion .Orforany y other purpose whatsn.
ever; as u alleged IN the sixth paragraph
proof as to each and every of said allie
cations.
Z. These respondents. have no means
n hxIxn Nu,Fs
accordingly unable to either admit or
deny. whether the said paper writing was
IN the possession OF the testator at the
time or his death. or whether 1t was found
among his papers or effects. nor In WHOSE
custody said PAPER writing was at the
time or hts death. or afterwards: and tliev
"a 81. -, TOT ssrict proof as to each and every
contained touching the custody and keep
ing OF said instrument They admit on
information and belief, that the said paper
willis or the District of Columbia through
the mails by some person To these re-
spondents unknown. and that SAID insfru-
nient had apparently been worn where |
creased or folded. and had been pasted upon |
another paper because OF such wear: but |
they deny that it depended. or depends In |
iegibility. They deny that tho sending
OF the said Instrument TO the register of |
wills was fraudulent. and aver that n there |
was any faud In the natter IL consisted |
n withholding the said paper wiling
Tom the files OF the register of Wills Of 4
lice beyond the period within which the
custodian or other person into whose DOS |
session tt had come. was reauifed by law
20 file IT. Said naper was forwar r,ied go
the register OF Wills heretofore. to Wit.
IN the twenty-sixth day OF August. A. u.
Lor's death. and presumably without HIS
kno Wedge. as the said seventh paragraph
,f the petition aIleees.
O.. These respondents are wholly una |
ware OF any fraud ur Indne In ufiuence prai-
Ited against or upon the said testator bv
any person or persons whonIsocver. and
he execution uf saai will was procured
Dy such means To he whully unfounded
and untrue. - |
If the said paper writing is n forgery |
,r il IL was lint signed by the said Joseph
Holt. or if IL was pro,Tred by fraud or |
lidue influence. or II it was revoked by
admission Ia probate aed record: hut be-
ieving that none uf the allegations in said |
petition touching the lvIliduv of the said |
instrument are well founded In point OF
act. ana that the SAME are wholly untrue |
hey unite in the PRAYER in said petition
that appruErufe issues NAV he |
ranied r;Ii M ard sent to the rirc,iit curt for
irestion ~ their tr,le6. and OF the validity
,r said will e..
LUKE DEVLIN. Ifl
JosEPHINEH HOLT
District OF Columbia, ss:
L. Luke pev.ln. on oath say that ]
ave read the foregoing answer
" me subscribed. and know the
optents thereof: and that the allegations |
herein set forth as of my own personal
Dow,cdge are true. and those set forth |
pon Information and belief. I believe to
e true. LUKE DEyLIN
Subscribed and sworn Ia before me this |
9Th day of November. A. n. 1898
tSeall GEO. +. FINCEEL.
Notary Public.
state of Kentucky. Marion County. So:
i. Lizzie Hynes. on oath say that have |
cad the foregoing answer by me subscribed. |
M Know the contents thereof. and that
be allegations therein set forth as of nv
wn personal knowledge arr true. and |
hose set furth uDop information and be
ef. believe to be true.
LIZZIE HYNEs
subscribed and sworn Ia before me this |
q tn day of November A. n. 1895.
tSeai.l S.B- BOTTOM Notary Public.
Marion County. XIV. =
I. Josephine Holt Throckmorton. on oath |
~ that have read the foregoing answer |
v me subscribed. and know the contents
lereof: and that the allegations therein
It forth rs of my own personal knowledge :
re true. and those set forth upon jnfor-
lation and belief. believe to be true.
IOSEP HOLT THROCKMORTON.
Subscribed and sworn tn before me this | =
9th day of Nuvamher A. n. 1296
(SeaL> E.ORMONDE POWER,
Notary Public. New York County.