The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-04-03
THE FIGHT BEGINS TO-DAY.
DIR. s. c. PARSONS AFTER THE EN-
ECUToRS OF HIS WIFE'S WILL.

Petition to Be Henrd This Morning
Asking the Ordinary to Require
Them to Bring 1t Up for Probate in
Solemn Form-It VIII Have to lie
Sent to California Agnin-DT. Par
sons Caveat May BE Filed To-day.
He Refused TO Let the Appraisers
Set "A Value on the FURNISHINGS of
the Drug store.
The petition Of DIT. S. c. Parsons, filed
in the court of ordinary through his at
tofney, Mr.. A. c. Wright. asking the
court to require the executors to bring
up the will of Mrs. Sarah NJ. Parsons, his
wife, for probate in solemn form, will he
heard before Judge Hampton L. Ferrin
this morning at 10 o'clock.
The will, which was made in California,
has already been probated in common
form, this proceeding being, OF course,
without protest. DR.. Parsons gave no
tlce, however, that he desired to file a
caveat to the probate of the will in SOL
emn form, and he wants the executors,
therefore, to bring it up for probate.
Mr. r. r. Richards will appear to rep
resent the executors, Messrs. J. G.. Butler,
Robert H. Tatem and DR.. r. 3. Harris.
1t is probable that DR.. Parsons caveat to
the probate in solemn form of his wife's
will will be filed in the court to-day. The
papers will have to be sent back to Cal
ifornia again, when the application is made
for probate in solemn form, as it probably
will be, and the names Of the three wit
nesses to the document signed TO an afii-
davit as to its truth Then when the will
is returned. testified to by the three wit
nesses, 1t will come up for a hearing to-
gether with the caveat before the court
of ordinary on the question as to whether
1t shall be admitted to probate in solemn
form.
II is necessary to send the document to
California again on account of the fact
that it was drawn there, and the wit
nesses to it all live there 1t was there
also that the trust deed conveying the
drug store property and lot next to it to
Mrs. Parsons niece was made. There will
be just about as lively a fight over the
property mentioned in this trust deed as
there will be over the will. The proceed
ings this morning will be simply the be-
ginning of the fight, which, it is expected,
Will run the gamut of the courts, and be
finally determined only when the supreme
court passes upon 1t. There are two sets
OF determined litigants, DR.. Parsons main
tanning his rights as heir at law to part
OF the property, and as the personal own
er Of another part, while the executors
claim it for the benefit of the parties nam
ed in the will.
The appraisers of Mrs. Parsons estate
called on DR.. Parsons yesterday, being
under instructions to make an appraise-
ment of the furnishings of the drug store
now occupied by him at Liberty and Price
streets. There was found among Mrs
Parsons effects a receipt In her name for
many Of the articles with which the store
Is furnished. All of these articles how
ever, DR.. Parsons claims as his Individual
personal property, for which he paid his
own money, and at the proper time he
says he will produce the checks showing
that the money was paid by him. He re-
fused, therefore. to allow the appraisers
to make an inventory of this property,
holding that there was no necessity for IT,
and that the whole matter would be
proven in due time. A note to this effect
will be made at the bottom of the inven-
tory to be returned to the court of Or
binary.
DR.. Parsons and his friends feel that an
injustice has been done him, in a will
which leaves him only SIS, his wedding
ring and some Office furniture. The case
Is one which presents many interesting
points and the grounds of the caveat will
be awaited with much eagerness. 1t looks
very much, however, as if the litigation
is going to be a long one.