The morning times., 1895-10-19

! IHere were no proceedings III open court.
Judge Jerc Wilson, Of the firm of shcll;I-
harger * Wilson, counsel for the cavcators,
took the paper To the registers office just
before 10 O'Clock and left ii with DIR.
Griffith, the assistant register.
Judge Wilson came alone. and there were
no representatives of the ben.riciaries
present. orian c. Cullen, who purpprts To
carry the secrets OF the will i'll his BOSOM,
was conspicuous by his absence
The oaveat declared that the alleged
will WIS not the last testament of Judge
Holt, and WAS forgery, pure and nipple.
CONTEST Is GENUINENESS.
The petition of Washington d. Holt
| William q Stcrrctt. Margaret Bowmcr. John
". Holt, Locke W Iglchart, Sarah Holt,
by John W Holt, her guardian; Robert S.
Holt, Thomas Holt and James Holt, re-
>prctrully represents
"A certain paper writing, bearing date
the 7th day OF February, \. D. d S13. pur-
porting TO be the last will and testament
of Joseph Holt, deceased, in and 10y which
Luke Dcvlin, of the city OF Washington,
| District of Coumbi;l, is appointed guardian
thereof having been heretofore propoundcd
before this court as such last VIII and
Testament of the said Joseph Holt, deceased.
for probate in and by said court, but upon
the court admitting the same 10 probate,
the undersigned cavcators, Washington ID.
| Holt. William Il. Stcrrctt Margaret Bowmcr,
| John W. Holt, Locke W Irlehart. Sarah
Holt, by John W. Holt. her guardian; Robert
| S--iiolt, Thomas Holt and James Holt. pur-
! Suant TO the law AMI statute in such case
| made and provided, do hereby contest the
said probate and the validity of the said
| paper writing, so purportiDg TO hc such
! last will and testament of the said Joseph
| Holt. deceased. and for that purpose. al
lcgc against the validity of such alleged
VIII. and against the competency OF the
| proof thereof, follows:
CONTENTION OF THE HEIRS.
Il. That the said paper writing is not
the last viii and testament of the said
Joseph Holt, deceased.
-. That the said paper writing, so
| purporting to be the last VIII and testament
of the said Joseph Holt. deceased is
forgery and never was signed or acknowl-
edged by the said alleged teStator.
-. That the said paper writing never
! was signed by the alleged attesting wit
J ncsseS. whose names are affixed thereto as
the witnesses 10 the execution Of said al
legged VIII. nor was the same declared to
! III his last VIII and testament. by the said
! alleged tcstator. in the presence of said al
| legged witnesses, OF either oil them.
II. These caveators further allegc that
the said attrsting witnesses to said al
| legged Will. whose nannes appear as such on
the face of said paper writing, did not nor
! did either OF them, sign his or her name as
! a Y itneSs To said alleged will at the request
| of The said alleged tcstator, nor in his
presence, nor in the presence OF each other
! 20. These caveators further allege That
| even if the said alleged testator did exc
! cute and sign the said paper writing,
which they deny. as aforesaid, yet these
cavcators say that the said paper writing
| purports To dispose of both real ana per
| sonal property hut it does not appear
! thereby that The same was duly executed,
| as required by Ia ". in this, that il Is re-
| quired by law that such last will and tesla
/ ment shall he attested and subscribed in
| the presence of the testator by three or
four credible witnesses, or else it shall
| bcutterly null and void and of none effect:
whereas. il does not appear by the face OF
said alleged viii and testament of the said
| Joseph Holt. deceased, that the said at
| testing witnesses did so subscribe the same
| in his presence.
NOT HIS LAST WILL.
sc These cavcators further ill,.gc that.
| even if the said alleged testator and the
| said alleged witnesses did sign and witness
! the said paper writing, as the face of said
! alleged will purports, which these caveators
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 if the said alleged testator
| ever did sign and execute the same. which
| they deny lit was afterwardby himrevoked.
| annulled and destroyed, by the removal and
| tearing of his name from sa id paper writ
ing by the said alleged testator. and by
| otherwise mutiating and by burning the
| same. which mutilation and destruction
| was done witt; the intent TO revoke and
| cancel the said alleged will; nd these cave
| ators say that thereby md by other acts of
| the said Joseph Holt, deceased, done with
the purpose and intent 10 cancel and revoke
| the said alleged will, the same was can
| celled and revoked.
~. These caveators further say that.
even If the said alleged viii was in fact
ever executed by the said Joseph Holt, de
ceased. which they deny, ami even if the
same was, therefore, during his lifetime
In his possession, yet the same was not
In the possession OF the said alleged tes-
tator at the time OF his death, and was not
found in his possession or with any of his
papcrsoreffccts, or many custody Y or keeping
which was known to or authorized by him;
but. on the contrary. the same had been
mutilated and destroyed. as aforesaid and
was fraudulcntly, 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
der II legiblc-ths without the knowledge
or consent ofthe said Joseph Holt. deceased.
BY UNDUE INFLUENCE.
49, These caveators further say that,
even If the said Joseph Holt, deceased.
did execute and sign the said paper writ
ing, which they deny, yet they allcge
that such signature and exception was
procured by the fraud and undue influence
practiced against and upon the said Joseph
Holt. deceased, by some person OF per-
sons TO them now unknown.
Wherefore, these cavcators pray that
the said paper writing may be refused
probate, and that issues may be framed
between these caveators and the propo-
Dents of said alleged will and sent to the
circuit court, to be there tried by jury,
in order to determine the allegations of
fact bearing upon the validity Of said
will''
Tine paper is signed by the attorneys
and heirs-a-law named in the beginning.
Mr.. Blair Lee. who is associated with
Mr.. j. j. Darlington as counsel for the
two heneficiaries under Judge Hollis will.
had not seen the cavcat or 4 copy of it
when visited by a Times reporter, and
consequently declined to discuss the case.
lie explained, however. that the filing
of the paper was the signal that the op.
ponents of the Will were ready To frame
an issue before the circuit court.
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