The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-10-02
THE CoNTESTEES ALLEGE THERE
WAS A WILL WHICH HAS
DISAPPEARED.
IT'S PROVISIONS ARE OUTLINED.
Court Will Pc Asked to Recognize
the Alleged Copy and Appoint
an Administrator.


the deceased on her mothers side Of
the family, and on July 81 last she APP
piled for letters of administration set
ting out that her aunt died intestate;
that she left no will and that as the
only surviving heir of her aunt, but
one, who was incapacitated 10 transact
business, upon her devolved the duty
to administer the estate.
Behind the contest there is story
number of people and two benevolent
or religious associations who claim to
be devisees under a last will and tes
timent of Mrs. Allen. The estate is
valued at about $4,000, and the ale
cation is set up that Mrs. Sanborn is
attempting to gain possession of the
whole of it through fraud; that the
last and unrevoked will and testament
of the deceased is destroyed for the
and they ask that the will and a codi-
Gil attached to it, which they claim to
have existed, be established in court.
In this alleged will Mrs. Sanborn is
named as executriX, but it is also
sought to deprive her Of that au. hority.
Mrs. Julia NJ Allen took from her
husband by will the entire estate over
which the contest is now being made.
The couple was aged and they resided
OIL ST. Anthony hill. Mr.. Allen died
shortly before his widow passed away.
Had he not left will a share of his
property would have gone to relatives
who reside in New York state and who
are mentioned as devisees under the
alleged beQueaths of Mrs. Allen, as
the couple had no children. But he
left a will and this kept the New York
heirs out as beneficiaries. The claim
set up by Mrs. Sanborn that her aunt
died intestate, if established, will make
herself and an aunt equal heirs to the
estate, SO this is why the benefciaries
under the alleged will, together with
the fact that two associations will be
cut off from endowments, are contest
ing the appointment Of Mrs. i5anburn
as Administrative.
The petition in the contest was filed
by the Young Women's Friendly as
ISOLATION as one of the devisees under
the alleged will and codicil Of the de-
ceased. Petitioner sets forth that Mrs.
Allen was, at the time of her death,
resident of ST. Paul, and that she died
July 25 last, leaving both real estate
and personal property in Ramsey
county. 1t is alleged that on July %,
prior to her death, Mrs. Allen made
her last will and testament in writing
in the presence of two competent wit
nesses, and then on June 80 following
she declared a codicil to the document.
Here the petition contains the alleged
will. 1t first provides for the heirs Of
her husband, whose names Il e Taylor.
Unto |. B. A Taylor, of Middleton, n.
Y, is bequeathed $4,000 in cash, and to
that gentleman's two sons, Gordon and
Allen TaylCr, is given in cash $4,000
each.
.I make this bequest," reads the
document, largely because of the re-
quest Of my husband so to do though
somewhat larger in amount than he
requested"
To Mrs Edith A Sanborn, the niece,
who resided with the deceased for some
time prior tc her death, the will gives
$4,000, and to Sherman Chamberlain, of
this city, is bequeathed $500, with an
accompanying request that he expend
at least a portion Of this sum in the
purchase of a law library to be used
by him in the practice of his profess
sion.
One thousand dollars is bequeathed
to Whitman college at Washington, d.
c., and to Mrs. Sanborn is given an ad-
ditionaI $4,000 in trust. This money is
to be securely invested in interest
bearing securities, and the income
therefrom shall be expended ito pro-
vide for and make as comfortable as
possible my sister, Nancy A. Adams,
at present confined in the asylum for
the insane at Binghampton, n. Y" In
this connection the document reads as
follows: For a number of years I
have been sending to my sister, in care
of the authorities of the asylum, GER
tain contributions, which were intend
ed to add to her comfort as much as
possible, and it is with a view of con-
tinuing these contributions that l make
this bequeaSt." Upon the death of this
sister, it is directed that the principal
of the $4,000, together with interest ac-
cretions, shall be equally divided among
Mr.. Taylor, his sons, Mrs Sanborn and
Julia Adams, wife of c. D. Adams, Of
this city, in addition to which Mrs.
Adams is bequeathed $1,000. Mrs. San
born is appointed as executor with full
power to handle the estate without
bonds. All the rest, residue and re-
mainder of the property is divided
equally among the heirs mentioned in
the foregoing.
The codicil, which is appended, gives
to the executor $4,000 in trust, to pay to
the person who shall act as treasurer
of the Congregational Home Missionary
society, organized in New York state
in 1926 to be applied for missionary
work To the Young Women's Friendly
association is bequeathed $1,000 to be
applied to the uses and purposes of
said association" These legacies shall
FILL Of MT
of the money legacies set forth in the
last will and testament, etc, the reese
due property shall be divided as al
ready prescribed. A trust fund of
81, 900 with interest, is also provided for,
and this ends the will.
The petition sets forth that the prob
able value of the personal estate of
the deceased is about $4,000, and that
the probable value of the real estate is
the will lis not proper or suitable
person to act as such executor" The
petitioner says that the will or codicil,
are still in full force and effect, and the
association is informed and believes
that the instrument cannot be produc-
ed and that it has been lost or de-
Stroyed.
Attorney Pierce Butler has filed an
affidavit in the case, which states the
facts of the petition to be true and also
shows that he has been retained as
counsel for the Taylors, Whitman college
and the Young Women's Friendly as
ISOLATION to contest the application of
Mrs. Sanborn. He alleges that Mrs.
Sanborn is unfriendly to the devisees'
interests, and that she has fraudently
caused to be hid away or destroyed,
the last will and testament and codicil
left by Mrs. Allen.
1t will be shown at the hearing that
Mrs Sanborn and the insane sister at
Binghampton, are the only surviving