St. Paul daily globe., 1895-09-22
NINKE WILL'S WILL
HER BROTHER EXPLAINS THE
GROUND ON WHICH HE'S
CONTESTING 1T.
WAS WITHOUT PROPERTY
BUT DEQUEATHED WHAT SHE
WAS DUE TO RECEIVE
LATER.
INTERESTING STORY OF 1T,
Which Is Told by the Brother, a
ST. Paul Musi-
cinn.

Fred B. WILL the well-kown vio-
linist, of this city. is contesting the
probate of his sisters will, which
was recently filed in st. Cloud, as
published in a special dispatch to the
G o b e of yesterday morning. The
will purports to convey his sisters
interest in the Will estate to the
priory of the Sisters of st. Benedict,
an order of which she was a men,
Der until her death, which occurred
years ago. Her name was Minke
Will, and she became sister of the
order when but fifteen years of age.
She died at the age of thirty.
Mr.. Will is opposing the probate
Of the will on the ground, as stated
in the dispatch, that his sister was
not a free agent at the time she
signed the document. Moreover, the
witnesses to the execution of the
will are two sisters of the order, and,
therefore, beneficiaries of the tes-
lament, and for that reason it is
claimed are incompetent witnesses
to its execution.
But the most important and inter
esting feature of the case was re-
lated to the G l o b yesterday by
Mr.. Will, the sole surviving heir to
the estate. 1t seems that his de
ceased sister had no interest in the
estate at the time of her death, and
therefore, he says, could not devise
or bequeath any.
hn fnt tn
worth of business property on ST.
Peter street, originally belonged to
Mrs Will, the mother of Minke and
Frederick Mrs. Will died some four
years ago, leaving will devising
and bequeathing all of her estate to
her husband, Ignatius VIII, for life,
the remainder, upon Mr.Will's death,
to go to thei two children absolutely.
Inasmuch as Mr.. VIII Sr. outlived
his daughter, his death occurring
less than two months ago, she never
acquired ownership of any portion of
the estate. Consequently it is claimed
the will of Minke VIII conveys moth
ing to the order of st. Benedict, save
such personal property as she may
have possessed at the time of her
death.
But there is still another chapter to
the story which sheds some light upon
the purpose of the Order of st. Bene-
dict in filing for probate the will of
the deceased sister. Although her
| death occurred a year ago, the will
was not filed until last month, which
was soon after the death of Ignatius
| Will, and therefore about the same
| time that the will of Mrs. Ignatius
! Will, who died four years ago, was
| offered for probate. 1t seems that the
| late Ignatius Will held note for S., 600
| against the order, in consideration Of
money loaned by him to the institu-
| ton. This note, of course, has now
| become the property Of Frederick Will.
| Since the death of his father, Mr..
| Will has visited the priory of the Order
| of st. Benedict, which is located in st.
| Joseph, Stearns county, in order to
| arrange for a settlement of the note.
| A dispute arose over the settlement.
| Mr.. Will offered to settle for 81, 600
| less than the face of the note, with the
| understanding that the sum thus de-
] Quoted should be expended in the read
| ing of masses for the repoSe of the
souls Of the deceased members of the
family. According to Hiler Horton,
| the attorney for Frederick Will, this
| proposition was not accepted by the
| prioress, whereupon Mr.. Will offered
| S1,500, and finally $1,000 for this purpose,
| both of which offers were rejected.
! In the end there was warm dispute,
which resulted in Mr.. Wills withdraw
ing all of these foregoing propositions,
and refusing the final offer of the prior
ess to accept on behalf of the order the
sum of $500 for the celebration of the
masses. Mr.. Will thereupon returned
to st. Paul with his $4,000 note, and
Mr.. Horton says that he will soon pro-
| ceed to collect the face value of it.
"As for the will of Minke- WILL" con-
| tinued Mr.. Horton yesterday, 1--WE are
contesting the probate of it in the hope
of removing all causes of delay by
| disposing of it at the outset. We took
testimony yesterday in the probate
| court at st. Cloud. The testimony of
| the sisters leaves no doubt of the
genuineness of the instrument and of
the signature of Minke Will. but on
the face of it bears the proof that as
a sister of the Order of st. Benedict
she could not do otherwise than make
such a will, for at the outset the will
| recites that such is one of the condi-
tlons to be complied with before taking
| the final vows''