The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-11-23

Groves for revocation of will of Will
liam H. Groves, deceased, should not
be granted came on as per continu-
ance from November u, 1895. Leave
was granted proponents to file amend
ed answer to petition of Fannie w.
Groves. as follows and for further
executors. Franklin S. Richards and
James T. Little, allege:
THAT a few weeks after the al
Keyed marriage Of the petitioner,
m 4ie w Groves, to said deceased.
William II. Groves, she voluntarily
left tbs home of her said husband.
and, without any cause and against
his wish and desire, abandoned the
said William II. Groves and refused
to live or cohabit with him and lived
separate and apart from her said
husband till about the first day Of
November, 1865. when the said Fannie
". Groves fled a petition in the pro-
bate court of Salt Lake county, Utah
territory. praying for a decree Of d.
voAe dissolving the marriage exist
ing between her and the said William
H. Groves.
'eThat on or about the 14th day Of
November, A. D. 1865. the said petit
deceased, William II. Groves, by de-
cree of the probate court of Salt Lake
county, Utah territory, duly made
and entered on that day. That the
petitioner was plaintiff i'm the case in
which said decree was rendered, and
that the same has never been reversed
or annulled and the time for appeal
in said case has long since expired, and
ever since said decree was rendered it
has been and still is in full force and
effect.
THAT on or about the 9th day of
November A. D., 1872 the said petit
toner voluntarily intermarried with
one Henry Hollingsworth and there
upon became his wife and assumed
copjugal relations with him. and from
the date of their said marriage till the
present time, continuously, the said
petitioner has lived and cohabited with
the said Henry Hollingsworth as his
wife and has borne a family of chill
dren to him, and during all of said
period she has been and still is the
wife Of said Henry Hollingsworth and
is still living and cohabiting with him
as such wife.
THAT by reason of said divorce and
the petitioners marriage with said
Henry Hollingsworth, as aforesaid,
the. said petitioner is precluded and
esAgDed from asserting or claiming
fM she was the wife of said William
H. Groves at the time of his DEATH or
that since his death she has been and
IS his lawful widow, and she is also
precluded and estopped, by the facts
aforesaid, from asserting or claiming
that said decree of divorce is invalid
Wherefore, said executors pray that
said petition of Fannie w. Groves be
dismissed, and that all costs accruing
from the same be taxed against said
petitioner"
Petitioner Testified.
Arguments on motion of counsel for
contestant for leave to amend petition
to make reference to real estate
owned by deceased at the time of his
death; also as to contestant being en-
Titled to her dover rights and never
having vet received it, were made and
then Fannie ". Wetzel-Groves-H ol-
lingsNorth was sworn and testified on
behalf of the contest as follows on
direct examination by Mr.. Cannon:
Qk-Mrs. Groves, you are the petit
tiofSr in this case?
Ayes, sir.
Q.-Have you been married since the
death of William II. Groves. which
occurred on the 26th day of April,
1895?
A.-No, sir.
BY Mr. Richards-Have you been
married since your marriage with w.
II. Groves?
Ayes, sir.
Q.-To whom?
A.-To Henry Hollingsworth.
Q.-When did you say you were
married?
A.-November 9, 1872.
Q.-By whom?
A.-Judge Smith.
0.-How long have you lived with
Henry Hollingsworth, your husband?
A.-Twenty-three years.
Q-Have you any children?
Al have three.
9-You have three living?
o.-How many have you had by
him?
Ask
Dwell, are you living with him at
the present time?
As-No. sir
NNhen did you cease to live with
him' as his wife?
A.-When it came out in the paper
that the bill was void
Q.-Before y5u had filed your Pc
tition?
A.-No it was after that. 1 read
the piece in the paper and 1 said /
never dreamt there was ANYTHING
wrong.
o.-what piece in what paper do
you refer to?
A-The Tribune.
Q.-What did the paper say?
At said that the divorce was not
valid.
Groves death?
A.-That was in August.
Q.-How long did you live with J,r
Groves? ~
A.-Two months
Q.-When did you leave him?
Al left him in October.
OF what year?
ASS
Did you ever live with him after
that time?
-A-No, sir.
o.-1s there any issue of that mar
riage
A-No. sir.
Q.-Where did you live between tho
tinS that you left DR.. Groves and
thef tine you lived with Mr.. Hollings-
worth?
Al lived at home
Q.-Where are you living now?
A.-Sandy.
o.-where does Mr. Hollingsworth
live?
Ain Sandy.
Q.-Where do your folks live?
An the Sixth ward.
Q.-In this city?
Ayes. sir
Q.-Who are you living with in
Sandy?
Al am living with my family.
n-IUbo4 70