Evening journal., 1896-11-16
FIGHT FOR AN ESTATE.
1t Will Begin in Earnest Next
Tuesday.
CHILDREN AGAINST SECOND WIFE.
DAVID p. sMYTH LEFT THE BULK
OF HIS ESTATE TO HIS WIDOW
AND ONE DAUGHTER. AND HIS
SON WILL ENDEAvOR TO HAVE
THE WILL SET ASIDE.

This was the day set for the first
hearing on the contested will OF the
late David p. Smyth, but as part of
counsel were engaged in the United
States Court 1t was agreed that the
matter should be carried over until
next Tuesday, when 1t will come up
properly for hearing and adjudication.
The action involves an estate esti-
mated to be worth from $4,000 TO S20.-
600, consisting mainly OF real estate in
various parts OF the city. The will
leaves the bulk of this to the second
wife, and II Is charged that undue IN
fiuence was used to secure for her such
favorable consideration at the hands OF
the dying testator Levi c. Bird repre-
sents the will and Edward G.. Bradford,
Lewis c. Vandegrift and Francis N.
Walker the cavaetor
By his first wife Mr.. Smyth had five
children. They were Samuel p. Smyth.
OF Denver, Col, who is the cavaetor;
John Smyth and Mrs. Matte Chiquoine,
Of Philadelphia, and Mrs. Charles A.
Fell and Miss Lizzie A. Smyth, OF this
city. The family home was at No 1904
Van Buren street. Mr.. Smyth conducted
lucrative jewelry store on Market
street below Fourth, his son-in-law,
Mr. Fell being his manager, and. in fact,
the life of the business.
Two years ago last August Mrs.
Smyth died, and the two daughters,
Miss Lizzie and Miss Matte, the latter
not then being married, kept house for
their father. From time to time II was
rumored tn taMr Srnyth was paying at
tention 10 a woman in New York. Last
| January he announced his second mar
| riage to his children and brought his
wife to his home They were indig-
nant, claiming that he had not mar
ried wisely, and Misses Lizzie and Mat
tie left the parental roof and went to
live with their sister, Mrs Fell. who
lives on Monroe street, above Tenth.
Later on Miss Matte went TO her
brother, John, in Philadelphia, and
soon afterwards married Mr.. ChiQuoine.
to whom she was engaged prior to her
, departure from Wilmington. Miss Liz
zie remained with her sister, on Mon
roe street, and was so bitter against
her father and step-mother that she
kept the flames OF discord burning
= brightly She never rested until she
had got Mr. Fell to leave Mr.. Smyths
: employ and set up a rival establish
: ment next door. Mr.. Fell, who was
very popular with Mr.. Smyth's custc-
mers, carried a great deal OF the trade
away with him.
After all this had transpired. and
{ mostly at her instance, Miss Lizzie
E went back to her father and became
! completely reconciled to her step
mother. the two being frequently seen
togther on the streets of the city. Mr.
! and Mrs. Smyth were boarding az the
Clayton House at the time of this re-
I aoprtftatfort hfff nF n,.flo. fh..
Van Buren, street home was refurnished
and again occupied by the three.
This desertion on the part OF Mles
Lizzie caused the other children to feel
very bitterly towards her, and this only
served to strengthen the affection be-
tween her and the second wife.
In this way things went along until
a few weeks ago, when Mr.. Smyth
walked In front OF a trolley car oppo-
site his store on Market street, was
Knocked down and sustained injuries
which resulted In his death few days
later Shortly after the accident An
drew u. Sanborn, Mr.. Birds law part
j ner, was sent for 20 make the will j.
, s. Beetem and John Dougherty were
D the attesting witnesses.
0 The will left everything to the sec
ond wife after providing for the fol-
lowing legacies: Miss Lizzie Smyth
e 81 900; Samuel E. Smyth. $500: John
$ Smyth, $500; Mrs. Matte Chiquoine
$500; Miss Mamie Fell. his grand
daughter, 5000, while to Mrs. Fell, his
oldest daughter, and the one who had
given Miss Lizzie shelter and comfort
a paltry 81 was left.
While Mr. Smyth was on his death
bed his daughter Matte came down
and called to see him. The second
wife admitted her to the house, but re-
= fused her admission TO the sick room.
Y John, the son In Philadelphia, Jared
4 better. for he got to see his father, but
i with the exception Of John and Miss
d Lizzie, none got to see their dying
a father although they sent him word
a that they would cheerfully see him.
He died All OF the children went to
the funeral, for death had broken down
4 the barriers at the Van Buren street
= home. After the funeral the will was
; read and Samuel, the son from Denver
, prepared to break it II he could pos
4 sibly do so. He retained the lawyers
: above named, the widow and Miss Lizzie
s retained Mr.. Bird for the defence. Just
what the outcome will be depends upon
Register of Wills Crossan and the
= courts. II an appeal from his decision