The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-02-22
PREPARING FOR THE FIGHT.
THE INTERESTING LITIGATION
OVER Mrs. PARSONS WILL.

MIR. A. c. Wright VIII File n Caviot
ms soon as the Petition to Probate
in Solemn Form Is Heard From.
VIII Have to send the Document
10 California Again-WiI1 Take n
Suit i'm Ejectment 10 Get DIR. Par
sons out of the Liberty street Prop
crty.
The coming litigation over the viii OF
Mrs. Sarah NJ Parsons, who cut OF her
husband, Or. s. c. Parsons of this CITY,
with s., is beginning TO assume shape
and the attorneys for both sides are get
ting ready for one of the warmest con-
tests that has ever been witnessed here
between claimants to property.
The first steps win be the filing Of a
petition by Mr.. r. r. Richards, repre-
senting the executors OF the WILL asking
that il be probated in solemn form. This
will require the sending Of the will a sec
ond time to San Francisco, where all OF
the witnesses to it reside. as well as 9TH
ers, who will be asked to testify with re-
gard to various circumstances in connec-
ton with il. This testimony viii all be
taken by interrogatories and returned
with the will to the court of ordinary
here.
When the petition for probate in sol
emn form is filed, Mr.. A. c. Wright rep
resenting DR.. Parsons, will file a caVeat
Directing to such probate, and on the
return of the testimony anu
other papers to Savannah, the matter
will be taken up. argued and decided IN
the court of ordinary here. Then, OF
course, there will be an appeal to the SUI
perior court whichever side may win and
il is pretty certain it will go from there to
the supreme court.
With regard to the property named In
the will DR.. Parsons only hope is in break
ing it, and this can only be done by pre-
venting its probate in solemn form. one
of the grounds in the caveat will, no doubt,
be that Mrs. Parsons was not mentally
capable of making a Will, and another tnat
undue influences were used in getting her
70 sign the document which was sent here
as her will and in which she leaves the
greater part of her property TO a niece nv
ing in California. Should the VIII be ad-
mitted to probate in solemn FORM now
ever, and the supreme court sustalns TINS
finding the property will be distributed as
the Will directs.
But there is another feature of the case
not covered by the will, and that Is the
trust deed made the same day with the
will in San Francisco which gives 10 TINS
same niece the brick building at Price and
Liberty streets and a lot next to it. This
deed was sent TO Savannah for record
through the Merchants National Bank,
while the win was sent to Mr.. Z. II. Ia
TEN, one of the executors.
The executors have nothing whatever
to do with the property covered by the
trust deed. This being the case and IS
DR.. Parsons is now in possession OF the
property covered by it, he is likely to re-
main in undisputed possession for some
time. In this case the remedy of the
party or parties to whom the property
was left Is a suit in ejectment, which
would have to be filed in the superior
court, and the burden is on the plaintiff,
or the beneficiary under the trust deed to
show that he is not entitled to the prop
erty and that she is 1t will likely be
some time before this suit is brought and
the contest over the will is expected TO
be disposed of first.
Mr. Wright says his client has bills and
receipts showing that he himself pur-
chased and paid for much of the prop
erty which Mrs. Parsons has bequeathed
in her will to other parties. He will take
steps to file the necessary caVeat as soon
as the petition for probate in solemn form
makes its appearance. Following this,
the suit 20 eject DR.. Parsons, when IL
comes will probably be one of the liveli-
est and most interesting feature of the
loot