The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1898-03-02

BY THE OTHER HEIRs.AT-LAw..
Yesterday afternoon an amended bill
TOT particulars was filed In the suit by
1 which Mrs, Emma Ebbert, daughter
= ofSthe late Jacob Snyder, attempts TO
: break the validity OF the will admitted
10 probate last snring. The bill was
prepared BY Messrs, Hubbard and
white, attorneys for Mrs. Ebbcrt. and
rs a lengthy document. Allegations OF
snnsound mind and undue influence are
made. Il 3
The suit Is brought by Mrs. Emma
Ebbert against George Snyder. Bcnja-
] min Snyder. Jacob V. Snyder. Joseph
Snyder and the several other helrs-at-
law who some time ago got together
! and dropped proceedings to contest the
will. Mrs. Ebbert alleges that she was
: not consulted or represented when this
\ compromise was effected. sQS
Among other allegations In the bill
are the following: ta
accompaniment Is unlearned and in
SnpSNiiiiy WIN "
litigation and the conduct Of proceed
tngs In court, and this the said George.
Benjamin and jacob well knew, and
Z knew that this plaintiff had not and
7 that she could not obtain such knowl-
edge OF the circumstances connected
with the making Of said alleged will
: and OF the capacity OF the testator that
( She Could aid the said contestants. And
& the said contestants, as well as the
( said George Snyder, Benjamin Snyder
| and Jacob V. Snyder purposelv with
I held from her and refused to commu-
y nicate 20 her the facts and clrcum-
stances within their knowledge touch
ing the said subject matter. She never
was IN any way advised OF the secret
Z conferences, agreements and arrange
! ments which were had by and between
< the said contestants and the said
Y George Snyder, Benjamin Snyder and
< Jacob v. Snyder, looking to the with
drawal and abandonment of the said
4 c0ntest. She did believe, before and
Z alter the time of the entry OF the order
4 of May 5, 1897, hereinafter mentioned.
that such contest OF the said will would
be made earnestly and aggressively.
5 without the expenditure BY her OF n
large amount necessary 20 be expended
in the employment of counsel, and she
did believe that at least until the ques-,
/ ton OF the appointment. OF curator
was disposed of by the court, 1t was un-
8 Unnecessary for he's to make such eSpen-
diture, and that her interests would be
furthered until the said question OF the
: appointment of a curator should be set
Z tied. as the matter was then pending
before the saId circuit court, as eftec-
lively as though she should appear by
z counsel. along with the said contestants,
whose interests were slmllar with her
z own, and she was informed and did be-
( lieve that said contestants were carry
ing on the said contest with every
prospectsofs success, and that the con-
testtwould be continued after the ques-
j ton of the appointment OF 4 curator
should be4settled.; Besides this, the
said George and Jacob, during the PEN
dency of the secret negotiations which
were pending from the time ofltile said
: appeal, and which were consunnated
2 by the entry OF the order Of May S,s1S97,
frequently and purposely came to her
as well as to her husband and told them
that 1t was unnecessary for hersto en-
. ploy. counsel then, or to give any atten-
s ton 10 the matter, and assured her
s that there was ample time to employ
counsel. They used, too, other means to
Z. deceive he: and prevent her from em-
ploying. counsel TO appear for her as 4
contestant; they played upon her cred
3ulity:. took advantage OF her Ignorance;
: they promised that her interest should
4 and would be protected; they purposcly
kept her from the negotiations which
were pending, looking 10 the Withdraw
al and abandonment of the said con-
test, which had been entered they pur-
sposely kept her brother Joseph, by
J promising to pay him large amount Of
Z money, from communicating with this
plaintiff; he. the said Joseph, lived in
Sthe state OF Ohio, and they told him TO
keep away from the city OF Wheeling:
they had had secret arrangement and
n compromise with the said Henry X. l..
Snyder who was and had been one OF
1.-The contestants, by which he withdrew
from the contest. All OF which they not
only kept from this plaintiff. but they
insisted that the said Henry should and
would not communicate with plaintiff
z upon the subject. and which the said
Henry did not do until after the ad-
journment Of the said term OF this
court, and thus It cwas that during the
5whole time from April 5, 1897, until the
order of the Sth OF May was entered,
y this plaintiff was purposcly and design
;edir kept In the dark by the said par
ties, and so deceived and led astray by
them that she was prevented and kept
from employing counsel to appear for
Z her and carry on such contest on her
part
Many other and collateral allegations
4 are made along the same line.
Proceeding as to the making of the al
3Ileged will. complainant says:
t'ln view of the premises complain
4 ant, respectfully says that she was not
& u party TO the proceedings in which the
Sorder of May s, 1897, was entered, and
was not. a party to said order. and so.
& is eftitied1 now to file this her bill In
i$sequltY,.to itnpeuch the said paper offer
ed for probate as the will of Jacob
Snyder, and to have trial by jury or
81 dered, 10 ascertain whether any. and II
Il any, how much, Of what was so offered
{ for probate be the will OF tho said ia
cob Snyder.
Plaintiff alleges and charges that
the said last paper writing Is not and
never .was the last true will and tesla
4 ment of said Jacob Snyder, deceased.
Because as sho now distinctly
j charges. at the time OF the making OF
). the said writing as and for his will,
&. said Jacob Snyder was person Of un-
sound mind, and incapable OF making 4
will; and (2) the making OF said writ
ing as and for his will was procured by
undue influence exerted upon the said
y Jacob. Snyder.
And plaintiff insists and ask that,
because of the matters and things here
inbcfore set forth. she Is entitled TO
have the said order OF the Sth OF May,