The morning times., 1895-12-03
LEGAL NOTICES.

| tCopy.)
4 IN THE Supr.I..u court at The District
Business.
In tine matter OF the estate OF Joseph
Hot. deceased: No. G2s3. Doc. No. 20.
| Bswer oi 11i.ke DtyiIH, Lizzie HyneS and
| Josephine holgsi sibiockraUrton, TO ,avcal- =
Tue icsponaenGs, take Deylin, Lizzie
Hynes anu aosephIne Holt Tbrookniorton, to
so much and such parts of The rctition
| oi NashlBci,iii hon ahG ctLtrs. leo here
| IN on the cigh,eeath nay oT October, "A. D..
| 1883, as t.cS are ADVISED IL Is Material
| Ior them To make answer unto, answering.
say:
4 L. They affirm thai. according to their
| ni. .oriEatil an bealef, lhe paLcr writing
| dated ti.c seNciith uay oi February, A. d..
4 1873. DurtorilIg io ke tie Iasi Will and
| ttst..:iic.,t "a Tie said JustpG koU !; L0 Iro-
| pounded as such by Iu ke Deyin ore oi lte
| responccnts ln his cause. rs n TACT tie last
| WIZ anu testament OF the siiu Luscph Eof.
and they 'oeny The ALT cations to The con-
trary in saId petition contained.
| z. they cenS tHc allegations in the
| second paragraph nj tie san pctltion
tBat the SAID DaTer writing is iOigory.
| and that tie eaIne WAS EuL ssEn, Il aIIu aC-
| kpo owiecSed by The safo teststur.
| s. 1EcS Ceny, according Ia their inform
Iaion and beHci HE allegation i'll the
| th.rd paregrdpa Of said Iel1iltfn contained
mat III. saiu II:rrr ,VI.:liit was utI sigl,d
| 10y the attcstInE witnesses, whose names
| are thereto affixed. and that the said N
| stTunlcIlI was not Cetlana ty ihc above
| naineo toSiat0r iss tIis iuSJ wiiiiHC listdIncnt
| IN the presence OF said Witnesses ara OF
| eacH u: ti.ei.i. ana ;.s ;durt sara ihcy assert
| tne contrary of each OF sSlu az, "a tiDnS 10
| be true IN fact. fs.s
4. Taose respondents believe de aiieCa-
| ton OF lie fourth TaragraUh OF said reil-
! ton, that tie atiospng Witnesses uid not
scii iritir iEanes as HiIEtsses TO iie said
| wIl at ale Io,.u,st o. safd ttsia'cT, nor
IN lis presence. nor III Tie EIeseDCe q! each
| GTier. Ia lie Hlciiy untrue IN iatt. ara, as
| t.icy are aGyfs;d :iHG bciieyc. and there
| !CTc aver, the said allegations are, also.
| g.i1i!y lis.Ea,crsaI IN iiw. iur ali Etilokes
.sRI. Ia
Said Instrument III so lar as tie jurlsd.c-
tion of this court IS Conccrned.
., The fitn4 EdrdErapn of said Dc
| tiJion FOR Caveat. as lH,'se respondents are
| advised and E,iteyc. and therefore aver.
| sets forth only ni,Itcrs Of law and requires
! 40 answer from theta. NevcrthcirSs. as
| thes are advised 'sili,i believe. and therefore
| aver, the said fifth paragrIph Is Esuffi-
| cent in law in mat II Goes not aver that
! the sad paper writing Was not attestrd
/ ana subscribed IN the feS!atorS presence
\ Dy three credible witnesses: and. further
| b,-caase such attestation is necessary onir
to the validity OF the said paper wrltiii@ IN 50
| f;T as II effects the real estate OF the les
| tator. whereas the present proceeding. ~
| tiI:s court. relates wholly 10 the personal
| estate or said decedcnt. 10 which Def
sonal estate The jurisdiction ot this court
| is exclusively confined: and the respoIsd-
! entS Pray tile same benefit of such insult
| f.Ciency rs II they had demurrcd to said
| fifth paragraph.
s. These respondents do not admit.
but OH She contrary deny. upon iRlorta-
| ton and belief. taIt the said paper WrItins
was r,,yskeS nv tn. said t.-tator, or that the
said INSTRUMENT was n:uiiiated or burned
by him Ter the purpose of revocation CT
cancellation, ,orforany othcrpurpoSe whats,-
ever. rs, is aiies.Dd in the sixth ia raCriDh
OF the said petition. and call for strict
proof rs to. each, and every of said allie
CATIONS.
= These respondents have no means
Of knowing. and do not i'll IA ct know. andare
accordingly unable to either admit or
deny. whether the said paper writing was
th. tor In
time Of his death or whether IL was found
among his papers or effects. nor in whose
custody said niper writing was at the
time of his death. or afterwards. and they
call for strict proof as TO each and every
OF the allegations IN said seventh para ranh
contained touching the custody and kecp-
ing Of said Instrument. They admit. on
Information and belief. that the said paper
writing was forwa Tded to the register of
wills OF the District of Columbia through
the nails by SoiIp person 10 these rf-
spOndents unknown. ard that SAID instru-
ment had apparently been worn where
creased or folded. and had been pasted upon
another paper because OF such wear: hut
they deny that it depended. or depends. in
any manner upon such pasting for its
iegibisty-- They deny that the sending
of the said instrument 10 the register Of
wills was fraudulent, and aver that if there
was any raud in the matter. ii consisted
q withholding the said paper writing
from the files of the register of wills Of
flee beyond the period within which the
custodian or other person into whose DOS
session Il had COME was reGuised by law
to file it Said paper was forwarded = -
the register of wills heretofore TO wit
on the twenty-siXth day OF August. A. u
1925. more than year after the testa-
tors death, and presumably without his
knowledge. as the said seventh paragraph
OF the petition alleges.
8. These respondents are wholly una
ware OF any fraud ur undue influence prac-
ticed against or upon the sa id testator by
any person or persons whomSoever. and
believe the allegations at said petition that
the execution of said VIII was procured
by such means to be wholly uDfounded
aud untrue.
or if it was not signed nv the said joseph
Holt. nr If II was procured by fraud OF
undue influence. or il il was revoked bv
him, these respondents d" not desire its
adm iSSioH tn probate and record: hut be
lipviug that none 'of fhe allegations in said
petition touching the validity of tie said
Instrument are well founded in point Of
fact. aud that the same are wholly untrue
they unite in the prayer in said petition
contained that appropriate issues may be
frnBed and sent 10 the circait court Tor
trial By jury. in order la determine the
atestion "f their truth. and OF the validity
Of said will.
LUKE DENLIN,
JOS EPHINE HOLT TTHROCKM0RTON.
District of Columbia, IS:
/. Luke -DeSiin. on oath say that ]
by me subscribed. and know the
contents thereut: and that the allegations
therein set foTth, as of. my own personal
Knowledge are true, and thuse set forth
upon Information and belief. | believe to
be true. LBkE l'tN i.lN-
Subscribed and sworn tn before me this
9th day of Nuvemher. A. ID. 1895
tseaL) GEO. K. FINCKEL.
Notary Public.
State of Kentucky. Marion County. IS:
I, Lizzie HyneS, on oath say that have
read the foregoing answcT by me subscribed.
n nd know the contents thereof: and that.
the allegations therein set forth as of nv
own personal knowledge are trre. and
those set furth unon information and be-
lief, I believe to be true.
LIZZIE HYNES.
Subscribed and sworn tu before me this
% tn day of November. A. II. 1895.
(SaaEl 5. 4. BOTTOM, Notary Public.
Marion County. XIV.
I. Josephine Holt ThrackmortOn. on oath
say that lave read the foregoing answer
bv me subscribed. and know the contents
thereof: and that the allegations therein
set forth as of Bly own personal knowledge
are true, and those set forth upon infor-
nation and belief. i believe to be true.
JOSEPHINE HOLT THROCKMORTON.
Subscribed and sworn tn before me this
Goth day of November. A. u. 1S95.
lSeaL), E.0RMoNDE POWER.