The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-09-26


,, was Called to Administer the Last sa.
4 rament and Instead of Doing that Il
Occupied Himself in Writing VIII an
Getting the Old Lady to Sign II, She q,
ing Very Weak and Helpless Mental
and Physically-Creates q Sensation 1
Cleveland.
Cleveland, Sep. 25.-One Of he mos
sensa tional suits commenced in thi
county for a long time was begun yes
terday in the common pleas court b,
Michael Mcintyre, an old man who's
home is in Winosha, Wis, against tn,
benefciaries named in the will of Cath
crime Mcintyre, among them being
three Catholic clergymen and the bish
| op of the Cleveland diocese.
In his petition Mcintyre sets forth
that on May 20 Miss Mcintyre, hi:
niece. who was about sixty-fve years
| old, and who lived in Cleveland a
| greater part Of her life, died. On July
81, he says, a paper purporting to be
| the last will and testament of the wo-
man. and bearing the date of May 90
| the date of her death. was admitted to
probate. Rev. James O'Leary pastor
of st. Patrick's Roman Catholic church
was named as executor Mcintyre states
! and on September II he qualified as
| such, Attached to the will was a codi-
Gil, the petitioner AYERS, and that, too,
| was dated May 90
That will. Mcintyre claims, is not
the last will Of his niece. for on the
| date it was written. he declares, she
was not of sound mind and memory,
and by reason of her advanced age and
protracted illness she was incapa BILE
OF making proper distribution of her
property. Further, Mcintyre alleges,
she was persuaded by the influences
OF Annie Mcintyre, Rev. James O'Lea-
ry. Rev. James P. McCloskey. the as
sistant pastor Of st. Patrick's church,
and others, to sign the document
These persons, the old man alleges.
succeeded in prejudicing the weak and
infirm mind of the deceased against
her lawful heirs. and persuaded her to
bequeath her property to them.
Rev. James O'Leary was only slight
ly known to Miss Mcintyre, the latter's
uncle declares and in fact was almost
a total stranger to her, still she made
him a large bequest. She was under
no obligation to him whatever, he goes
on to say, to remember him in her will,
but that she did was due to The infiu-
ence of the priest because of his char
acter as a clergyman and because of
her approaching death.
Rev. Jas. OLeary himself, Mcintyre
declares, wrote both the will and codi-
Gil. He was called into the dying wo-
mans chamber. the uncle AYERS, by
Miss Mcintyre, in order to perform The
last rites and Sacraments and other re-
Iigious functions of the church. AND by
reason of his being priest and she be-
ing in such a low mental condition,
he exercised. it is claimed, influence
over her in making the distribution of
her property.
At the time Of the execution of the
will, the petitioner claims, Miss McIn-
tyre was in such condition, mentally
and physically. that she was unable
to remember who her heirs were and
who were entitled to her bounty
He says that he is her nearest living
relative, being the brother of her faith
err. and his relations with her were al
ways of the closest and most confiden-
tial nature, but she couldn't even re-
member his name and face at the time
she signed the will. She did recall the
name of Edward Gallagher, who was
one of her hopeful heirs, and desired
to make his a bequest, Mcintyre claims
her intention by Rev. OIeary and An
ME Mcintyre. who, he declares, said
that Gallagher had more money than
the testator
Several weeks previous to her death
the petition further sets forth, Miss
Mcintyre occupied a ward in st. Alexis
hospital. where she was being well
taken care of. Her room was carefully
furnished, and she wanted for nothing
There Annie Mcintyre and her husband
who was a distant relative and who
lived in the vicinity of St. Patrick's
church and was one of the parishioners
it is claimed, removed her to their
home for the purpose of bringing her
under their influence, in order that
they might prejudice her and persuade
her TO leave her property to them. Nc
Intyre claims they We're successful in
poisoning her mind against her near
relatives and against her bequeathing
them any of her possessions, and led
her to believe that the latter were her
enemies, and spoke i'll of her at every
opportunity
Continuing the dead woman's uncle
asserts that Rev. Mr.. OLeary was
given $1,000 for administering the sac
raments and for the alleged salvation
of her soul. Out of that sum he was
required to pay the funeral expenses,
it is said. That amount was excessive,
Mcintyre claims, and should have been
divided among the proper heirs, as Miss
Mcintyre intended, Rev. John T. Car
roll. pastor of the Holy Name church,
Rev. James p. McCloskey, and Rt.
Rev. I. F. Horstmann. were the other
ecclesiastical personages who We're
given requests, Mcintyre declares and
the names of the deceased's heirs at
law were purposely withheld from her.
in order that they might not be re-
membered, The old man states that
Bishop Horstmann had no knowledge
of these prejudicial influences and that
the requests We're made unknown 70
him and without his consent or sane
ton.
The will and codicil. he contends.
Were not executed in accordance with
the law governing such actions, as
Miss Mcintyre was wrongly and IN
duly influenced at the time she at
tached her signature and did not know
what she was doing al the time, and
had no teStamentary power. Mcintyre
asks the court to set aside the will and
TO give him just and proper relief.
An Exemplary Patient This
the doctor ordered me to
drink warm water an hour before
every meal; and here I've been drink.
ing for the last forty minutes, but I'll
be fingered if 1 can swallow anothe.
drop"-Humoristisc Blaetter.