Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-12-02
THE HOLT WILL
Answer of the Benefciaries Under
the Instrument of 1873.
IN WHICH THE EXECUTOR JOINS
Allegations of Fraud Denied and a
Jury Trial Requested.
IN THE CIRCUIT COU RI

IN THE CIRCUIT COUR RT
The long-expected answer of Mr.. Luke
Devlin, the executor, and Misses Lizzie
Hynes and Josephine Holt Throckmorton,
the beneficiaries under the mysteriously-
forwarded will Of Judge Joseph Holt, was
filed this afternoon by Attorneys Blair Lee
and ]. ]. Darlington. in reply to the notice of
contest filed by the heirs-at-law of Judge
Holt.
The answer is substantially as follows:
The respondents to SO much and such
parts of the petition of Washington Holt
and others, filed herein on the 18th day of
October, A. d. 1895, they are advised 1t
is material for them to make answer unto,
answering, say:
1. They affirm that the paper writing
dated the 7th day of February. A. D. 1873.
purporting to be the last will and testa-
ment of the said Joseph Holt, is in fact the
last will and testament of the said Joseph
Holt, and they deny the allegations to the
contrary.
| 2. They deny that the said paper writing
| is q forgery, and that the same was not
signed and acknowledged by the said testa-
tor.
| 3. They deny that the said paper writing
was not signed by the attesting witnesses,
and that the said instrument was not de-
clared by the above named teStator as his
last will ana testament in the presence Of
said witnesses. and Of each of them.
Immnterinl in Law.
4. They believe the allegation that the at
| testing witnesses did not sign their names
| as witnesses to the said will at the request
of said testator in his presence, nor
in the presence Of each other, to be wholly
| untrue in fact; and, they are advised
and believe, and therefore. aver. the said
allegations are, also, wholly immaterial
in law, for all purposes touching the valid.-
ty and effect of the said instrument in SO
| far as the jurisdiction of this court is con-
| cerned.
5. The fifth paragraph Of said petition for
| caveat, as these respondents are advised
| and believe, and therefore aver, sets forth
| only matters of law, and requires no an
| swer from them. Nevertheless as they are
| advised and believe, and therefore aver,
| the said fifth paragraph is insufficient in
| law, in that it does not aver that the said
| paper writing was not attested and sub
scribed in the testator's presence by three
credible witnesses; and, further because
| such attestation is necessary only to the
| validity of the said paper writing in so far
as it affects the real estate of the testator.
| whereas the present proceedings in this
court relates wholly to the personal estate
of said decedent. to which personal estate
| the Jurisdiction of this court is exclusively
confined; and the respondents pray the
same benefit of such insuftciency If they
| had demurred to said fifth paragraph.
| 6. These respondents do not admit, but on
the contrary deny, upon information and
| belief, that the said paper writing was re-
| Voked by the said teStator. or that the said
instrument mutilated or burned by him
| for the purpose of revocation or cancella-
| ton, or for any other purpose whatsoever.
as is alleged in the sixth paragraph of the
| said petition, and call for strict proof as to
| each and every of said allegations.
As to the Will.
I. These respondents have no means of
| xyi,,o do to- fo,
accordingly unable to either admit or deny
whether the said paper writing was in the
possession of the testator at the time of his
| death, or whether ii was found among his
papers or effects, nor in whose custody said
| paper writing was at the time of his death,
| or afterward; and they call for strict proof
as to each and every of the allegations in
said seventh paragraph contained touching
| the custody and keeping of said instrument.
They admit, on information and belief,
that the said paper writing was forwarded
to the register of wills of the District of CO.
| lumbia, through the mails, by some person
| to these respondents unknown and that said
| instrument had apparently been worn where
| creased or folded, and had been pasted upon
another paper because of such wear. but
they deny that it depended, depends in
| any manner upon such pastng for its legi-
| bility.
They deny that the sending of the said in
| strument to the register of wills was fraudu-
| lent, ana aver tnat IL there was any fraud
| in the matter, it consisted in withholding the
| said paper writing from the files of the reg
| lister of wills office beyond the period with
in which the custodian or other person into
| whose possession it had come was required
| by law to file it. Said paper was forwarded
to the register of wills, heretofore to wit.
| on the 26th day of August, A. D. 1895 more
than a year after the testators death, and
| presumably without his Knowledge as the
| said seventh paragraph of the petition al
| leges.
J. Unaware of Any Fraud,
s. These respondents are wholly unaware
| of any fraud or undue influence practjced
against or upon the said testator by any
person or persons whomsoever, and believe
the allegations of said petition, that the
execution of said willwas procured by such
means, to be wholly unfounded and untrue.
II the said paper writing Is a forgery, or
if it was not signed by the said joseph
| Holt, or if it was procured by fraud or un-
due influence, or If it was revoked by him,
these respondents do not desire its admis-
sion to probate and record; but, believing
that none of the allegations in said petit
ton touching the validity of the said in
| strument are well founded in point of fact
and that the same are wholly untrue they
unite in the prayer in said petition contain
ed that appropriate issues may he framed
and sent to the Circuit Court for trial by
jury in order to determine the question of
| their truth and Of the validity of said will
The answer of the executor and bene-
| fciaries having now been filed, the next
move in the case will be the making up by
| the Probate Court Of the questions at issue
in the contest over the will for submission
| to the Circuit Court for trial there by a
jury. This matter will, it is thought, be
| so arranged that a trial in the Circuit
Court may be had early in next year.
Examination for Electrical Engineers
There are several vacancies in the govern
ment printing office In the position Of cleo
| trician or electrical engineer, for which the
| United States civil service commission viii
hold an examination in this city the 10th
il slant.