The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-03-23
PARSONS BEGINS THE FIGHT.
HIS FIRST EFFORT TOWARDS
BREAKING HIS wIFE'S WILL

Filled n Petition I'm which He Said
the Paper Filed in the Court oil
Ordinary Was Not Her Last VIII
and Testament-He Asks the Court
to Make the Executors Petition to
Probate 1t in solemn Form So He
Can Attack It-NIcntaI Incnpacity
and Undue influence VIII BE Al
leged-Executors Must show Cause
April 3.
DIR. S. c. Parsons has begun his attack
upon the viii made by his wife. Mrs. Sa-
rah NJ. Parsons, and is seeking now to
prove that the paper filed with the court
of ordinary and admitted to probate in
common form was not the last will and
testament of Mrs. Parsons.
He filed a petition in the court of ordi-
nary yesterday. through his attorney. Mr..
A. c. Wright, in which he set forth that
his wife, who was a resident Of Savannah,
had died in California, and that he was
the sole heir at law to her estate. on Jan.
q DR. r. b. Harris Mr. r. H. Tatem and
Mr. ]. G.. Butler brought into court for
probate in common form a document
which purported to be her will, and on
Feb IS this paper was admitted to pro-
bate in common form as such, and letters
testamentary were issued on that date
to the gentlemen named, who were, under
that document, appointed executors of the
estate.
In speaking Of the matter in his petit
ton. DR.. Parsons says they pretended to
qualify as executors of the estate. He
asserts that he was not served with a no
tice of this proceeding and that he was
not a party to it, as appears from the
records.
The most startling assertion which DR..
Parsons makes is that the paper fled
with the court of ordinary was not the
last will and testament of Mrs. Parsons,
aud on this ground he asks that the ac-
ton admitting 1t 20 probate in common
form be vacated and set aside and the
letters testamentary annulled
Just what his grounds are for the as
sertion that this was not Mrs. Parsons
will remains to be seen. 1t is well known
that one of the grounds against the will
is that Mrs. Parsons was of unsound
mind when il was signed, and unquali-
fed to make a will. Another will, no
doubt, be that it was made under undue
influence on the part of those whom she
made her heirs No doubt these grounds
will be put forward to show that this
document should be set aside and that
her former will If she made one, should
stand, or that her property should go to
her heirs at law, of whom there are only
one DR.. S. c. Parsons.
DR.. Parsons further asks that the eXecu-
tors of the will named above be required
TO present the paper for probate in SOL
emn form and give him an opportunity
to caveat il as he desires to do. He
also asks for any further relief in the
matter to which he may be entitled.
Judge Ferrir directed that the execu-
tors of the will be served with a copy of
the petition and order, and that they show
cause before him on Monday, April 3, 81
10 o'clock a. m, why the petition should
not be granted.
This is practically the beginning of one
of the liveliest legal fights over an es-
tate that Savannah has known in long
time Mrs Parsons will was made in
California where she was on visit to
some relatives All of her property, with
the exception of a few small requests,
was given to a niece in San Francisco,
and that portion of the property which
was not bequeathed in the will was given
TO this same niece through a trust deed,
which is now of record in the superior
court here.
DR.. Parsons, her husband, as will be re-
mem DGrCU, was cut OH Win % anu a ntNle
Office furniture, in addition to which his
wife returned him the wedding ring he
gave her. One of the most important
pieces of property which she possessed.
and one of the most valuable, the building
which DR.. Parsons is now occupying as
an office and a drug store at Liberty and
Price streets. was given to this niece
through a trust deed. which was signed
the same day as the will.
There are facts in the case which have
led to allegations of fraud and undue infiu-
enee in the drawing and signing of these
documents, and DR.. Parsons will fight
them on these grounds. So far as the
property he now occupies is concerned, the
executors have nothing to do with it, but
Mr. r. r. Richards, representing the es-
tate. viii no doubt file within a day or
two a suit in ejectment against him in
order TO secure possession of it for the
heir mentioned in the will. Dr. Parsons
is there to stay, however. until the courts
decide the case and either say he must
get out or that he is entitled to the prop
erty.
There is no doubt that the suit is going
TO be a lively one and an interesting one
throughout. The fun will begin in ear
nest when the will comes up to be probat-
ed in solemn form.