Evening star., 1896-03-20
JUDGE HOLT'S WILL
The Issues in the Contest Made Up
and Signed.
JUDGE HAGNER'S ORDER TODAY
The Case to Be Probably Tried
Next Month.
FOUR POINTS AT ISSUE

After many months Of unavoidable delay,
| the issues in the matter of the contest over
| the will of the late Judge Advocate Gen.
| eral Joseph Holt were made up and signed
| today. AS the case now stands, only tie
, verdict of 4 jury is required to determine
| to whom belongs the estate, estimated TO
be worth about s150OOO That verdict will,
| 1t is expected, be rendered some time dur
ing the next month, or possibly and prob
ably a month or two later.
! History of the Case.
| Judge Holt, it will be remembered, died
in this city early in August. 1884. For more
| than year it was supposed he had died
| H. testate, and, upon the application of the
J ants. letters of administration were granted
| by the Probate Court to local trust COM
pany, who proceeded to administer upon
| the estate, consisting principally of per-
sc nal property. But the latter part Of last
August the register Of wills received from
an unknown person what .purported to he
a Will of Judge Holt. The alleged instru-
ment was inclosed in a large white en-
| velope, and addressed in printed charac-
| ters, II being generally believed that it was
so addressed by the person forwarding it
in order to conceal. for some unknown rea-
scn that PERSONS identity.
The pretended will was found to be dated
| February 4, 1913. and it named Luke Dcv-
| lin. clerk in the War Department., as ex-
! ecutor Of the eState directing that 1t be
| equally divided between Miss Lizzie
HrShes of Kentucky. a cousin of Judge
Holt's wife. and Miss Josephine Holt
| Throckmorton. god-daughter and daugh-
| ter of Major Throckmorton, L. S. army.
| The supposed will. seemingly in the hand
| writing of Judge Holt. bore the names of
! President Grant, General VIM. T. Sherman
and the latters wife as witnesses to it,
! and the opinion of those familiar with the
handwritings of the testator and the dis
! ursuished witnesses was that the sigma
lures were genuine.
Surprised at the Alleged Wits An
| pcarance.
OF course, the myster;ously forwarded
| alleged will 'occ2sioned no little surprise
| and the register of wills, as we'll as the in
tel iested parties on both sides, made every
| effort to ascertain not only the identity CT
| the person who mailed IL to he register
/ of wills. but also to discover where the
paper had feen all the Years since the
making of it, and why it had been retair cd
| more than year after the death of Judge
Holt The alleged will also bore rnm:s-
| taxable evidence of having passed through
/ lire, and efforts were also made to discover
| how and why it had been subjected to the
| flames. If, however. either side has solved
those questions, or any of them, the mat
| ter has been kept secret, for the public at
| large is as ignorant today of them as it
! was when the alleged Instrument was re-
/ ceived by the register of wills. 1t is gem
! orally believed, though, that one or both
sides have solved the mystery to their own
| satisfaction at least.
| Shortly after the receipt in the Probate
Court OF the supposed will Mr.. Devlin
offered it for probate The heirs flaw of
course objected to its admission and the
court required them to show cause why it
should not be. That they did in course of
time, contending that the purported will
was a forgery. But they also answered
that if it was genuine, and had been law
fully made. it had subsequently been re-
voked Then, again, they insisted that If
Ii had been legally made and witnessed and
never revoked. ii had been procured by
fraud or. undue influence exercised and
! p1acticed upon Judge Holt by some person
or persons The executor and the bene-
nclar1es under the supposed will denied
those charges, Of course. and since then,
some three months ago, counsel for the heirs
at-law, Messrs. Shellahsrger and Wilson
ana A. 5. Worthinston, and those repre-
Messrs. Blair Lee ana j. j. Darlington,
have been endeavoring to agree upon ,he
issues to be submitted to a jury in the
Circuit Court.
Judge Hagner's Order.
To-Day Mr. Darlington appeared before
Judge Hagner in the Probate Court and
stated that counsel had agreed upon the
ISSUES, ISSUES, w,lch the judge was asked to sign
ana certify to the Circuit Court for trial
Judge Hagner thereupon approved them
and signed the following order:
Upon the motion of the counsel for the
cavestors in this case. counsel for the
caVeatees being present and the matter
haVihS been argued and submitted to the
court. it is this 10th day of March. A
-. 1876, ordered that the following issues
IN this case be certified to the Supreme
Court of the District of Columbia holding
a special term as Circuit Court for trial
by jury:
4 Was the paper writing bearing date
lle 'tn day OF February, A. u. 1873 which
vas Med in this court on the 18th day
OF August, A, D. 1895, executed nv The
sale. Joseph Holt as his last will and testa-
| nent?
- Was the execution of said paper
writing procured by fraud, exercised and
practiced upon said Joseph Holt by any
person OF persons?
%. Was the execution of said paper
writing procured by the undue influence of
any person or persons?
cuted by the said Joseph Holt as his last
VIII ana testament, has the same been re-
voked by said testator?'
Probable Trial Next Month.
1t is expe cted that the issues will be a.
once sent Up, and If that is done the cases
may be tried some time next month, al
though 1t is thought that the trial will be
delay ed at least a month later There are
two divisions cf the Circuit Court, and they
are presided over by Judge Bradley and
Judge McComas, respectively. But before
winch one 1t will be tried cannot well be
determined until the calendar for the April
term OF the court is made up, which viii be
In few days.
Naval Movements
The monitor Monadnock arrived at San
Diego this morning from San Francisco.
This is her first cruise The cruiser Mont