The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1895-09-08
THE HAWKINS WILL
THE WIDOW, MRS. MARY A.
HAWKINS, CHARGED WITH
DESTROYING SOME OF
THE PAPERS.
RETAINING SEVERAL OTHERS

The Answer Of the Executors says tht
Widow Declared She Would Not Dis
seat, and that, Relying upon this, th'
Papers were Lett in Her Possession
which Papers are row Needed tt
Ascertain Adyancemen ts-Mr, COIir
Hawkins Claims 10000. and will
Try to Upset the Willis Plan O
| Attack Not Vet Made known,
At the October term of the Superior
Court, several important cases viii come
up. Putting aside the libel case set fol
the criminal term against Mrs. ?. D. B
Arlington, there will come up, also, al
the civil term the contentious in the Case
of Rain in the face Kitchin who wants
TO take Mr Leazar's place at the peni
Tertiary Then, too, the Hawkins viii
case will probably develop interesting
legal points.
Concerning this case, it will be re
uembered that to the will of the late
DR.. W. J. Hawkins, his widow, Mrs.
Mary A. Hawkins, recently filed dis
sent, bringing suit for dover and for a
years support, also, Then, too, Mr..
Colin Hawkins, the surviving son OF
the deceased, filed caveat to
the will claiming $4,000, by reason OF
a note from his father directing the pay
ment of that amount to him. But the
memorandum was witnessed, it seems,
only by one person, and the Clerk Of the
Court refused to probate it saying that
two witr esses were necessary.
Mr.. Robert o. Burton represents the
widow and son, Drs. A. B. and Marina
duke J. Hawkins being represented by
Messrs Shephe d and Busbee.
The action brought by Mr.. Colin Haw
kins will involve an attempt to upset the
will, but the grounds upon which the
plaintiff will stand are kept a close
secret for the present.
Against the dissent of the widow, and
her suit for years support, the answer
of the executors contains some
matter which may or may not be called
startling, according to the view point OF
the reader.
The executors say "that the said plain
tiff Mrs. Mary A Hawkins had actual
knowledge of the provisions of said will
and of its probate at the time of such,
and agreed to the provisions OF same,
declared that she would not dissent
therefrom, and that by that and other
reasons she is estopped from dissenting
therefrom.
THE defendants further aliege that
relying upon said election they left in
the residence of the said te8tator papers
which they believe to be OF great value
in the settlement of said estate in case of
dissent, being, as defendants believe and
aver, important upon questions of ad
vancements and other matters relating
to the estate; that they are informed
ard believe that the said plaintiff
being left in possession Of said papers,
by reason of her living in saitresidence,
has destroyed some of the same, disposed
Of others, and retains others in her own
possession.
THAT by reason OF these citcumstan-
ces, as well as those above recitad, the
defendants verify believe and allege that
if dissent from said will be now per-
mitted, they would be subjected to loss,
because, among other things,
of the impossibility Of correctly
ascertaTning the character of certain
large amounts OF money and property
received which may be claimed as ad
vancsments in determining the distribu
tive share OF the estate claimed by the
plaintiff. "
Other sections Of the answer deny that
the value of the entire estate exceeds
$500, 600; deny the allegation that 50, 900
is no more than a fair allowance for
plaintiffs years support, that she will
not need this much as she is
not expected to live otherwise than
quietly and without entertainments for
the year following the death of her hus
band, and that shs has only one child
living, and that she has resources.
They deny that the quantities and
values OF the articles consumed by said
plaintiff and her family since the death
of her said husband are as stated in par
agraph VIII of the complaint and say
that in addition to the articles therein
described, the said plaintiff and her fam
lily have since the death Of the said LuS
band consumed or disposed of large
HASsHLiAJ Va OttACi al NASAC3 "a SolCsbt Foi1S
belonging to tee estate of her husband
From the above extracts may be
cleaned some idea of the force of the
fight that is soon to be on between plain
tiffs and defendants.
The so, 600 claimed by Colin Hawkins
is said to have been put in writingby the
late DR.. Hawkins on his way to Balti
more just before his death. There are
said to be Witnesses to the writing,
though only one witness's signature ap-
pears. These witnesses, it is said, will
be called upon to testify to what occurred
in the conversation on the train concern
ing the $4,000, if any conversation
occurred on the train concerning the
matter.
But there will be other cases quite as
interesting to some people, and perhaps
more 50 to the defendants, among them
being the actions agar ST Clerks Satter-
field and Brown, of the late General AS
sembly.
All in all, the fall months will be
lively for those who will go up to the
judgment seat.