Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-12-11
BROUGHT TOA CLOSE
The Celebrated Contest Over David
Moore's Will Settled Out of Court.
OVER HALF 4 MILLION INVOLVED
Title to Valuable Real Estate Joint
y Vested in All the Heirs.
HISTORY OF THE CASE

The celebrated case of the heirs of the
late James F. Moore against Annie E. Bar
bour. which has been SO long and so bitter
ly contested in the District courts, has been
settled out of court by the parties to the
cause, and the title to the realty involved,
which amounts to over 100000 In value
has been vested jointly in Mrs. Barbour.
who is the widow of the late grocery mer-
chant. James L. Barbour, and David Moore.
Francis NJ. Moore, Sarah NJ. Davidson and
Josephine Bridget, the children and heirs
of the late James F. Moore. The real es-
tate includes a tract of thirty acres of land
adjoining LIE Droit Park, premises No. COZ
Pennsylvania avenue northwest and other
valuable pieces of property.
David Moorc's Will.
David Moore, the father of Mrs. Barbour
and of the late James F. Moore, died IN
October, 1883, possessed of large realty
holdings When what was purported to be
his will opened it was found that he
had left everything to his daughter Annie,
to the exclusion of his son James f. The
heirs of the latter. who subsequently died,
took no action toward asserting their rights
until Mr.. David Moore became of age, ill
1890. when he, on behalf of himself and sis
tiers. filed suit in ejectment, claiming one
half interest in the estate. This suit
brought forth the question for settlement
of the validity OF David Moore's will. Il
was first tried in 1893, before Justice Brad
ley. and after hearing. which lasted three
weeks, the case was decided in favor of the
plaintiffs above named.
An Interesting Decision.
Mrs. Barbour took an appeal to the Court
of Appeals, where the decision of the lower
court was reversed on the technical Ques-
tion relating to the probate proceedings of
a will being prima facia evidence of its
due execution. The decision of the Court
of Appeals, however, practically affirmed
the decision of the lower court on the qucs-
tiCn of the evidence.
Another Verdict for the Plaintiffs.
The Court of Appeals in its decision also
stated that there was ample evidence on
the question of undue influence for the case
TO be presented TO the jury that point.
Subsequently the case was retired before
Justice McComas. Messrs. Worthington
and Cole appeared as counsel for the heirs
of James f. Moore and Judge Jeremiah h
Wilson and Mr.. Henry Wise Garnett ap-
peaIed for Mrs. Barbour. During the trial.
which lasted seven weeks. Mr.. Garnett's
health broke down ana Mr. r. Ross Perry
tJCk his place. The jury found a verdict
in favor of the plaintiffs, which was af-
firIned by the court.
Mrs. Barbour appealed to the Court of
Appeals. where the action of the lower
court was affirmed. She then appealed
10 the supreme Court of the United States
An Amicnble Agreement
The case was pending there for final
action when a settlement was reached
aSl eeable to all the parties concerned. and
the suit was thereapon dismissed, and the
title TO the valuable real estate vested Joint
y in all the parties interested, as befo-e
Stated.