The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1896-05-02
aANDLEY'S QUEER WILL
Relatives Have Begun Proc eedings to
Break 1t.
REASON FOR THEIR ACTION
They Say Part Of II at Least Is Void FOR
Uucertainty Names Of the Alleged
Hetrs-Say They Are First
Cousins.

Ever since the viii OF the late eN-
Judge John Handley was admitted to
probate by Register Of Wills Hopkins
there has been talk of contest to
have the will set aside. The contest contest
materialized yesterday, when action
was begun In behalf of the following.
who claim to be first cousins Of the late
Judge: Patrick Murphy, Togue. Me-;
Henry Handley. Tacoma. Wash; Mar
tin Handley and Margaret McCullagh,
Savannah. N. Y; Henry Handley,
South Butler. N. Y; Margaret Colborn.
John Handley. Eliza Sinnet, Bridget
Handley, Anastatia Handley, County
Wexford. Ireland; Eliza Sanders,
Burkenhead. and John Handley. of the
Isle Of Wight, England.
]. H. Hubbell. of ]. H. Hubbell &
Co., of 309 Broadway, New York. Is at
tOrney for the heirs and next Of kin
of the late Judge, and has retained Col
onel George H. Starr, of New York
city. and Jessups 4 Hand. of this city,
to represent them In what promises to
be a lengthy and important litigation
to determine their rights under the
last will Of the late Judge Handley.
The attorneys yesterday afternoon
filed with Clerk Colborn. of the United
States circuit court bill in equity
against General H. W. Palmer. Hon.
Lemuel Amerman and John T. Rich
ards, as executors under the last will
and testament Of Judge Handley, ask
ing that the will be declared void as to
certain portions. and decree be made
that the heirs at law are entitled to the
bulk of the property left by Judge
Handley.
GROUNDS FOR CONTEST.
They claim that the legacies Of s25,-
900 to the House of the Good Shepherd,
$50.000 to st. Patrick's Orphan asylum
and $250,000 to the city Of Winchester
and some Of the other smaller legacies
are the only ones, II any. that can
possibly stand. and that the rest OF
the property should go to the heirs at
law.
The value of the personal property
alone, as appraised by H. f. Paine,
state appraiser for collateral inheri-
tance tax, Is more than sufficient to pay
all OF these legacies and all of the debts
Of the estate. and that all Of the real
estate and rentals Of coal property
should 60 to the heirs at law. They
claim that the residuary clause in the
will and the residum to the city Of
Winchester for the purpose Of erecting
school houses for the education Of the
children Of the poor Is void for unCer-
tainty and IL invalid under the laws
Of the states of Virginia. West Vir-
ginia and Pennsylvania. where the real
estate applicable to this clause Is sit
uated.
They claim there Is no power in the
city Of Winchester to act as trustee for
the purposes named In the will, and
that the will is uncertain and contra
dictory in other respects. That If the
provisions Of the will are. carried out
1t would give to the city OF Winchester,
q place OF five thousand inhabitants,
O. sum which at the time 1t would be
paid over to the city OF Winchester,
namely In 1916. would amount, with ac-
cumulations, to about 81 800, 900. That
this sum under the terms OF the will
must be retained and accumulated by
the city Of winchester for a further
period Of twenty years, until 1886. before
the income could be used for the pur-
poses Of building and erecting school
houses for the education of the children
of the poor and that at that time the
sum with accumulations at per cent.
would amount to more than three mil
lion, five hundred thousand dollars.
FOR OTHER PURPOSES.
The will expressly provides that this
money shall be used for no other pur-
nose and this would show conclusively
that Judge Handley did not intend to
appropriate any such amount for this
purpose. The heirs are also satisfied
that there was no intention on the part
OF Judge Handley to disinherit them,
but that II was his intention to in
clude them as beneficiaries In schedule
"A" which, for some cause. he failed to
fill out with the names Of the bene-
ficiaries.
Our readers remember that each item
OF Judge Handley's will was written on
q separate sheet Of paper and that
schedule "A" was found detached from
the other portions Of the will. which
itself was fastened loosely with red
tape such as Is generally used In law
offices. The estate as shown by the
appraisal made by Mr.. Paine amounts
to about $1,400,O00.
This bill involves the title to the Wyo-
ming house and the Handley block on
corner of Wyoming avenue and Spruce
| street In this city. lots on Penn avenue,
coal lands in Blakely and Lackawanna
townships. a tract Of $4,000 acres Of
| coal and timber lands In West Vir-
ginia, a hotel at Winchester, Virginia,
and other property.
| ~