The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-09-26
SKELETONS TO COME OUT
MADE BY THE DE-
CEDENT's DISTANT RELATIVES.
Miss Terrelrs Alleged Infiuence-Art
Association Expecting a Suit
of This Nature.


eregating nearly s25O,0O0 which was made in
the will of the late John Heron. Since the
admission to probate of that instrument the
next of kin of the dead philanthropist. as
sisted by astute detectives and able counsel.
here and at Rushville, have collected the
evidence that will be the basis of the suit
to set aside the will left by Heron.
The relatives who are interested In the
setting aside OF the last will and testament
of Heron reside in Indiana and Pennsyl-
vania. None of them bear nearer relation
ship than that of a second cousin. With
no will they would have been entitled to
the property, and they and their attorneys
will endeavor TO make 1t appear that their
claim is superior to that of the Art Asso-
citation. The Indiana relatives are Mrs.
West and the six children of her deceased
brother John Harrison. of Mount Carmel.
Franklin county; James Harrison, of Sway
zee Grant county, and Maggie Johnson. the
daughter of Mrs. West, who resides at Dun
reith In Henry county. The Eastern rela-
tives are E. o. Swire, of the wealthy manu-
featuring firm Of Scott e. Swire, and his two
brothers. The Western relatives are as poor
as poverty, while the Swires are wealthy
people, and they will furnish the sinews of
war for prosecuting the case. E. o. Swire,
who was in this city few days ago In con-
sultation with the attorneys for the plain
tiffs, has made two trips to California,
where Heron died. and he is confident that
the will can be successfully contested.
The grounds upon which the will is TO be
attacked are mental unsoundness and undue
influence, and in showing these things there
will be brought into court and placed upon
exhibition the usual array of family skele-
TONS John Heron, the testator, resided in
this city up to about year ago, and most
OF the property in controversy is located
here He and his aged wife were childless
The latter died in September, 1890. the Will
bears date of October. 1892 and Heron died
in April, 1895. 1t left $500 each to several of
the plaintiffs named above and the residue
to the Art Association, and the further pro-
vision was made that If any of the heirs
to whom requests were made should attempt
to contest the will that they should forfeit
the sums they were TO receive. The plain
tiff whose name is to appear in the COM
plant that is TO be filed will be one of the
relatives who did not even receive $500. and
hence the modest legacies received by the
poor Indiana cousins will not be imperiled,
even though the attempt to break the will
WITNESSES FROM CALIFORNIA.
Many witnesses will be brought from CAL
soundness of the testator. The plaintiffs
claim that they will show that Heron
had fainting spells before the date of the
will and that being attacked by one of these
he would remain unconscious for three
days at time. He was totally blind at the
time If the execution of the will, and there
may be an attempt to show that Heron
thought he was signing one will when he
plaintiffs claim, that he had no taste what
ever for art, that he knew nothing whatever
or artists or pictures. The plaintiffs will
show that Heron was so severely economi-
cal that stinginess with him was a passion
Evidence Will be introduced to show that
his aged wife's death was FASTENED by the
lack of proper food and nursing, and that
Heron allowed himself only the barest
necessaries of life. 1t is said OF him that
when he went TO the grocery that as he
did not require paper or string to do the
paper and string In sugar. During his res
dence In California he lived, ii is claimed,
some of the tine in the poorest quarters,
and the remainder of the time In the cheap
est boarding houses. This indisposition to
let go of the thousands that he had ac-
cumulated was the immediate cause of
his death, Ii is charged. He insisted on the
use of coal oil lamps instead of gas, il will
be alleged. because 1t was cheaper. The
lamp exploded. and Heron was so severely
burned that death was the result of his
injuries.
UNDUE INFLUENCE CHARGED.
The person whom the complaint will
charge with having exerted the undue infiu-
ence. and most of it to procure the con-
struction OF the will in the interest of the
Art Association is Miss Anna Terrell, now
of this city, Miss Terrell is the stenog-
rapher of A. p. Stanton, indianapolis
attorney. who is also the executor of the
will. There will also be an attempt to show
that Stanton Influenced Heron in the max
ing of the will. the theory of the plaintiffs
being that they sought that disposition. OF
the estate which promised the most for
themselves
Miss Terrell was a niece of Herron's
wife, and under the laws of descent would
not have been entitled to any share in
the estate IL there had been no will She
became member of the Heron household
several years ago, supplanting Maggie
Johnson. whose name appears among those
who are to profit by the smashing of the
Heron testament. The methods by which
Miss Terrell ingratiated herself in the good
graces of the old man to the detriment of
Maggie Johnson, as the plaintiffs will allege,
involves long story the details of which
are not well authenticed, but which will
all come out, attorneys for the plaintiff
claim. during the progress. of the trial.
Whatever the methods employed, the fact
is that Maggie Johnson was released and
Miss Terrell accompanied the aged couple
70 California, where she remained with
tnem as member OF the family, and after
the death of Mrs. Heron, John Heron
and Miss Terrell at the next cheap board
ing house that they sought, registered as
John Heron and daughter. In addition 10
the legacy OF $500 which Miss Terrell and
several of the heirs received, she holds
the deed from Heron TO a piece of prop
erty on College avenue. Indianapolis, valued
at 10000 III the attempt to set aside the
Will is successful another suit will be en-
tered attacking the deed to this property.
THE PLAINTIFFS ATTORNEYS.
The principal attorney for the plaintiffs
will be Congressman James E. Watson OF
Rushvilie. who has thoroughly investigated
the case. and who expressed his conviction
that the will can and will be broken. Asso-
ciated with him as counsel for the plaintiffs
are Judge Mcbride, of this city. an ex-
member OF the Supreme Bench; Caleb S.
Denny. Mayor OF Indianapolis, and Morrow
& Mckee. also OF this city.
The announcement that the Will is 10
be contested will not come in the nature
of thunder clap 10 the Art Association.
That organization had an inkling some
time ago that its right TO the estate was
TO be contested. and Its attorneys have
been closely watching the movements of
the enemy. The association has its at
torneys employed and will make a stiff
fight TO retain the wealth that has prom
Used so much for the advancement OF the
art interests of Indianapolis The associa-
ton has appeared TO understand from the
first that 1t had inherited lawsuit as
we'll as an estate. for at the first meeting
that no steps should be taken for a year
<nxuo ~ thn ,,4ffi1offon ~ the Horron ffndc