The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1898-09-23
FIGHT FOR S35O.OOO.
Peculiar VIII Excites bitterness.
Among Numerous Relatives.

New York, Sept. ga clause in the
will of the late Robert Irwin, who died
seven years ago, directing that any of
the legatees or devisees cOntesting it's
provisions should forfeit their requests.
has led to a novel contest in the SurrO-
gates court. Should some of his nieces
and nephews, who are his residuary
IegateeSy succeed in proving that Irwin
A Powell, the grandson and sole heir
and next of kin of the teStator, has OPP
posed the execution of his grandfather's
will they will benefit to the extent of
$3.50, 900. while Mr.. Powell will be cut off
without single dollar. Mr.. Powell
thinks the entire estate should be his.
Mr.. Irwin, who was a successful
valued at $500, 900. He bequeathed to
his grandson $50 900 when he should
come of age, 500, 600 when he should at
tain the age of twenty-five, 500, 900 on
attaining the age of thirty, together with
the accommodations accruing on this
trust fund. He also left young Pow
ell a further sum of $3.50, 900, to be paid
him when he had passed his thirtieth
year, and half of the residuary estate,
which is valued at over $3.50, 900. The
other half of the residuary estate he
left to the children of his deceased
brother, Samuel Irwin.
Young Powell, until he attained his
majority, was to receive an income Of
$1,000 a year.
Irwin A Powell is a son of DR.. Seneca
D. Powell. He is one of the best known
amateur cyclists in America and has
carried off championship honors. He
is a member of the cycling team of the
New York Athletic club, and was a
member of the Columbia college cycling
team, which won the intercollegiate
championship in 1896. 1897 and 1898.
By the eight clauses of the will it was
provided that should Irwin A. Powell
die before reaching the age of thirty,
his cousins, instead of taking half of the
residuary estate, should take it all, and
the $250,000 to be paid to Powell was to
l-1 L-~Ar
and institutions. The balance of the
estate to which Powell would have been
entitled was divided between the son-in-
law, nephewS and nieceS of the teStator
and other relatives.
Irwin A. Powell did not oppose pro-
bate of the will, which was accordingly
directed by Surrogate Fitzgerald, and
letters of administration were issued to
the executors, Alexander Frazer and
James Boyd.
Robert c. Taylor, who had been ap-
pointed special guardian for Powell
during ihs minority, opposed the con-
firmation of the executors report and
accounting, on the ground that will was
null and void, as its provisions provid-
ing for the trust funds and their dis
trfbution at the various periods men
toned were not in accordance with the
statutes of the state of New York reg
ulating accommodations and trusts, and
that the whole estate, real and personal
would be found on a judicial cOnstruc-
ton of the will to be the property of r.
win A. Powell, as sole heir-at-law and
next of kin.
Surrogate Fitzgerald confirmed the
report and made his decree. from which
Powell appealed to the appellate divis-
ion, where he was unsuccessful.
Powell came of age less than a year
ago, and Lawyer Taylor has applied to
Surrogate Fitzgerald to direct the ex-
ecutors to pay over to him the first in
stallment of $780, 900 and the accrued in
terest on the two trust funds.
William bn fc sal 20.
Elizabeth Irwin Lamont and the other
nephews and nieces of the testator, OPP
posed Mr.. Taylor's motion, and held
that Powell by his opposition to the ex-
grandfather's will, had placed himself
within the compass of the forfeiture
clause, and was therefore entitled to no
share whatsoever in his grandfather's
estate.
Surrogate Fitzgerald adjourned the
hearing to September 81.