The weekly intelligencer. [volume] (Lexington, Mo.) 1891-1901, 1897-02-06
MARTHA CATR0N'S Will Is VALID.
The Supreme Court Reverses the Lower Court
and Sets Up the Will.
THE DECISION IN FULL.
One of the Hardest Fought Battles in Missouri
Jurisprudence Settled After Five
Years of Litigation.

tnaL the circuit court enormously sub
mitted the question of the testamentary
capacity of Mrs. CatIon TO the jury for
the reason that Notwithstanding her
| age and physical infirmities the evil
dence was overwhelming, not only by
the subscribing witnesses, but from all
the testimony read together, that she
had sufficient understanding to know
she was disposing of her property by
will; the nature and extent of her
! property; the persons who were the
natural objects of her bounty, and the
manner in which she desired the dis
positions to take effect.
She had but two children, and she
provided for both in her will. Her
estate while considerable was not COM
plicated. She owned two farms not
far apart and had her money in bonds
and loaned out on notes. The instru-
ment was drawn ten months before
/ Mrs. gCatron's death. There appears
not to have been the slightest secrecy
about the fact that she was making her
will on that day. Her granddaughter
{ Eva McFadin, daughter of plaintiff,
was visiting her that day and rode
home with Mr.. George Catron, who
drew the will. The defendant, the
principal devisee and legatee was
absent at his home IN Nebraska City,
two hundred miles distant. She did
, not call strangers to assist her in its
preparations, but George Catron, a
cousin of plaintiff and defendant. She
! also requested James +. Catron, an-
other nephew of her deceased husband,
to act as a witness. George CatrOn
testIfies that he had known the testa-
| trix all his life; that he went to her
home from Lexington at her request;
that when he reached there he found
/ Lock Terhune, her business manager,
and James F. Catron in the room with
her; that soon after he came they
Withdrew leaving him alone with her;
that she said she had sent for him TO
draw her will, and thereupon gave him
FULL INSTRUCTIONS as to its provisions.
She said: al will begin with Evaline
| (plaintiff) first" She wanted her to
have So, 900 placed in the hands of
trustee to manage for her, so she could
not spend it. She asked George Cat
ron to act as trustee, and when he sug-
gested that possibly he could not act
| for some reason, she named w. j.
Catron and in case of his inability to
act, Thomas Catron. She then stated
she wanted her son Henry, the defend
ant, to have all the balance of her
property. She was quite positive in
her statements that she did not want
either the McFadin's or EwiDg's to
have her property or control it.
Defendants wife was Ewing. George
Catron says he then wrote the will land
read it over to her, and she said 'sit
was exactly what she wanted.
Twenty-three years prior to this she
had executed another will by which
she gave Mrs. McFadin, the plaintiff,
$4 900 to her separate use, free from
the debts of her husband. All the
balance of her estate she gave to the
defendant. Her real estate 10 him for
his life, remainder TO his children.
In that will her son was appointed
sole executor. Messrs. George A.
Rathbun and Amos Green, members of
the bar at Lexington, were the sub
scribing witnesses. Col. Rathbun tes-
titled that Mrs. Catron dictated the old
will; that 1t was read over to her and
she signed it. All the evidence tends
to show that at that time Mrs. Catron
was a woman of strong mind and of
unusual will power. Jas. F. Catron
testifies further that when Mrs Catron
said to him she thought of making her
will, he said to her: al thought you
had WILL" She said she did make |
one twenty years ago, but that she |
understood Mr.. Rathbun, one of the |
witnesses, had moved away, and Mr.. |
Green, the other witness, was reported |
TO be dead, andLthat her son was the
sole executor, and some question might |
be raised as to his eligibility, as he |
was a nonresident of this state, that if |
he could not act the McFadin's would |
probably become her executors, and |
she did not want them to have any
thing to do with her estate.
1t was also clearly shown by the |
testimony of Messrs. Thomas Catron
and Sam Houston that she had con-
suited each of them, as to how she |
could devise property to plaintiff so as
TO keep plaintiffs husband from dis |
posing of it, and she was told by |
Thomas Catron 1t could be effected by |
the intervention of a trustee. She gave
as a reason that her husband Minatree
CatTon, the father of plaintiff, Mrs.
McFadin, had given her farm IN Car
roll county and her husband had dis
posed of it.
George Catron further testifies that |
after he had prepared the will in con-
test, she discussed with him who should |
be the subscribing witnesses. She had
nominated and appointed Thomas A.
Catron and James F. CatrOn to be
executors of her will, and she inquired
whether the fact that James F. was
named as executor, would disqualify |
him as witness; she thought he
might not be competent. At her re-
quest then James f. Catron, Mary Ter
hume and Lock Terhune were invited
into her room and she said to them she
had had her will written and taking it
I'D from the table, she said, 'sThis is my |
will" 81 have sent for you 10 witness
me sign it, and to sign it rs witnesses.
She then signed it in their presence
and they in her presence, and the pres
ence of each other, signed it as wit
nesses. These circumstances indicate
how clear the mind and memory OF
Mrs. Catron was. She recalled dis
tinctly the execution of former will,
which she had not seen for twenty
years; the names of the subscribing
witnesses; fears that Green's death and
Col. Rathbun's removal might cause
that old will to fail for want of proof;
she remembers that her son is her sole
executor in that will, and being nom
resident might be incompetent to act,
and hence she determines to execute a |
new will. When she comes to dictate
the new will she evinces no less clear
ness of mind and certainty of purpose.
All of these witnesses testify that she
was woman of fine judgment, good
business capacity and extraordinary
firmness.
We have searched in vain for any
evidence OF = desire upon her part tol