Evening star., 1895-10-18
HEIRS BEGIN FIGHT
A Caveat Filed Today in the Holt
Will Case.
IT Is CALLED 4 FORGERY
Specific and General Charges in
the Document
n 1T n TT p r D p n ~ r q n NJ n q
Is CALLED A FORGERY
FUTURE EEDIN

AS they were generally expected to do,
the heirs-at-law of the late Judge Joseph
Holt today filed in the Probate Court a
caveat attacking and denying the validity
of the alleged will of February q 1873.
the instrument which the register of wills
received by mail from some unknown per-
son on the 26th of last August.
The paper is declared by the caveators to
have been forged, both in respect to the
signature of Judge Holt and as to the sig
natures of the three distinguished witnesses
to 1t, President Grant and Gen. and Mrs.
VIM. T. Sherman. But rot only do the
heirs-at-law declare the INSTRUMENT to be
a forgery throughout, but they also allege
that, even II it was executed and signed
by Judge Holt, such signature and execu-
tion were procured by tie fraud ard undue
influence practiced upon him by person or
persons unknown to the caveators. There
fo re, they pray the court to refuse to pro-
bate the alleged will, and that the issues
raised may be certified to the Circuit Court
of the District TO there be tried by jury.
that the allegations of facts bearing upon
the validity of the instrument may there
be determined.
Set for Today.
When the will was offered for probate last
month by Mr.. Luke Devlin, the executor
named therein, the court directed that no
tice be served. by publication in The Star
anu lle w WdSHiHSlOu Law Reporter, upon Ill
persons interested, requiring them to show
cause today why it should not be admitted
to probate. So, when the Probate or Or
phans' Court met this morning. unusual
ly large crowd was in attendance, in antici-
patton of the expected objections of the
heirS-at-iaw. AS soon .aS court convened,
Mr.. Jere NJ Wilson. on behalf of the heirs
at-law, filed in open court the caveat above
referred to. The executor and the beue-
ficiaries under the alleged will, Miss Lizzie
Hynes of Kentucky and Miss Josephine Holt
Throckmorton of this city, were not repre-
sented by counsel, and no further acton
was taken in the case beyond the formal
filing of the caveat.
The Caveat.
The caveat reads as follows:
'"ro the Honorable, the Justices of the
Supreme Court of the District of Co.
lunlbia, holding said special term for
Orphans Court l,7.siness:s--- l-..---r'-'-s'
1.-THE petition Of Washington d. Holt.
William G. Sterett, Margaret Bowmer.
John w. Holt, Locke W. Iglehart, Sarah
Holt, by John w. Holt. her guardian; Rob-
ert S. Holt Thomas Holt and James Holt,
respectfully represents:
"A certain paper writing, bearing date
the 7th day of February, A. D. 1873, pur-
porting to be the last will and testament OF
Joseph Holt, deceased, in and by which
Luke Devlin of the city of Washington,
District of Columbia, is appointed executor
thereof, having been heretofore propouEded
before this court as such last will and tes-
lament of 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 the same to probate, the
undersigned caveators. Washington d.
Holt, William G. Sterrett, Margaret Bow
mer John w. Holt, Locke w. Iglehart,
Sarah Holt, by John w. Holt, her guar
dian; Robert S. Holt, Thomas Holt and
James Holt, pursuant to the law and stat
ute in su-h case made and provided, do
hereby contest the said probate and the
validity of the said paper writing, so pur-
porting to be such last will and testament
of the said Joseph Holt, deceased, and, for
that purpose, allege, against the validity
of such alleged will, and against the COM
potency of the proof thereof. as follows:
Charges Perjury.
"1 That the said paper writing is not the
last will and testament of the said Joseph
Holt, deceased.
So That the said paper writing, so pur-
porting to be the last will and testament Of
tie said Joseph Holt, deceased. is a forgery.
and never was signed or acknowledged by
the said alleged testator.
'3. That the said paper writing never was
signed by the alleged attesting witnesses
whose names are affixed thereto as the wit
resses to the execution OF said alleged VIII.
nor was the same declared to be his last
will and testament by the said alleged tes-
tator, in the presence of said alleged wit
nesses, or either of them.
4.
the said attesting witnesses to said alleged
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 to said alleged will at the request
of the said alleged testator, nor in his pres
ebce, nor in the presence of each other.
Other Reasons.
.5. These caveators further allege that,
even II the said alleged testator did exc
cute and sign the said paper writing, which
they deny, as aforesaid, yet these caveators
say that the said paper writing purports to
dispose of both real and personal property,
but it does not aleSear thereby that the
same was duly executed as required by
law, in this, that it is required by law that
such last will and testament shall be at
tested and subscribed in the presence OF
the testator by three or four credible WIT
resses, or else it shall be utterly nun ana
void and of none effect; whereas IL does
not appear by the face of said alleged last
will and testament of the said Joseph Holt,
deceased, that the said attesting witnesses
,I.d SO subscribe the same in his presence:
SO These caveators further allege that,
even If the said alleged testator and the
said alleged witnesses did sign and witness
the said paper writing, as the race OF saio
alleged will purports, which these caNeators
deny, yet the said paper writing, SO pro-
pounded for probate and record, is not the
last will and testament of the said Joseph
Holt, deceased, because these caveators say
that even II the Salu ale5eq teSldlor ever
did sign and execute the same, which they
deny it was afterward by him revoked.
annulled and destroyed, by the removal
and tearing of his name from said paper
writing by the said alleged testator, and by
otherwise mutilating and by burning the
same which mutilation and destruction
was done with intent to revoke and cancel
the said alleged will, and these caveators
say that thereby. and by other acts of the
said Joseph Holt, deceased, done with the
purpose and intent to cancel the said al
ieeed will, the same was Cancelled and re-
voked.
~. These caveators further say that, even
If the said alleged will was in fact ever
executed by the said Joseph Holt, deceased,
which they deny, and even If the same was.
therefore, during his lifetime, in his pos
session, yet the same was not In the pos
session Of the said alleged testator at the
time of his death, and was not found in
his possession, or with any of his papers or
effects, in any custody or keeping which
was known to or authorized by him, but,
on the contrary, the same had been mutt
lated and destroyed, as aforesaid, and was
fraudulently, and without disclosing his
name or address, sent to the register OF
wills of the District of Columbia, through
the mails, by some unknown person. after
having been pasted together so as to rem