Omaha daily bee., 1898-12-29
she IS NOT ROMANS WIDOW
Interesting Complication Arises in the Estat.
Of Dead Fireman.
FATHER ASKS TO Be GIVEN MS RIGHTS
Petitions the Court 70 Remove Jus-
tice Divide Wien from His Position
a. Administrator and Make .
New Order in the Case.

A few days after the death Of William
H. Roman Of this city. who was killed in a
wreck Of the Union Pacific near Silver
Creek. Neb., October 26 last, Justice Of the
Peace Divide Wien was appointed administra-
tor Of the estate on the application Of .
woman calling herself Nellie Roman and
claiming to be the widow Of the dead man.
Yesterday Patrick Roman, father Of William
Roman, fled a petition In the probate court
asking for the removal Of Wen and that he
be appointed administrator Of his dead sons
estate in his place. The allegation IL made
that the application for the appointment Of
Wen was made by . woman who falsely rep.
resented herself to be the dead mans
widow. Further, the petitioner alleges that
he, the father and his wife. Mary Roman, are
the only heirs OF their son.
The probate records show that on Novem-
Der 1 an application was fled with the clerk
Of the district court asking the appoint
ment Of Divide Wen as administrator Of W.
H. Romans estate. The application was
signed by "Nellie Roman" the petitioner
being named as the widow Of the dead man.
No objection was made at the time and the
appointment was made as asked.
In his petition for the removal Of Jus
tice Wen as Administrator the father sets
up the allegation that the appointment was
made without his knowledge and that no no.
tice Of such appointment was given him.
It is further alleged in the petition that
Immediately after the letters Of administra-
ton had been issued to him, Wen proceeded
to collect from the Union Pacific company
the wages due Roman, at the time Of his
death. Also that he has employed counsel
and commenced negotiations for suit or set
H-a~- s.. ---> --t~- 49,
railway company for the death Of Roman.
All these acts on the part Of Wen, 1t IL
alleged by Mr.. Roman, have been done with.
out consulting him or any other Of the
relatives Of the dead man, although 1t was
we'll known to Wen that both parents Of
the dead man lived in this city.
Admits she Never Married Him.
The attorneys for Mr.. Roman have In their
possession an afadavit that has been made
by the woman on whose application Wen
was appointed administrator. In this am
davit she says her name IL not Nellie Roman.
but Nellie Mackland, and that she and Will
liam H. Roman were never married and never
lived together a. man and wife. She fur
ther AYERS thai when she signed the ap-
p~lication for the appointment Of an admin
istrator as the wife Of Roman she did not
understand the meaning Of her act and was
without knowledge as to the full Significance
OF the instrument to which she attached her
signature.
Justice Wen says he acted In good faith
In the matter Of his appointment. ThA
young woman, he says, same to him = few
days after the death Of Roman and made
statements that gave him reason to believe
that she could establish In court a common
law marriage. She told him also that Ro-
nan had promised to marry her. Upon
her representations, Wen says, he consented
to act as administrator. Justice Wen gives
no reason why he failed to communicate
with the parents Of the dead man. Thu
parents Of young Roman say that there are
no grounds whatever for the young woman
claiming a common Law marriage. Their
son always made his home with them, pay
ing them board and room rent. He kept
all his clothing at their home and always
returned there after every trip on the road,
His funeral was held from their home.
While the bulk of Romans estate is largely
speculative, 1t might be Of considerable
value. There was a sum Of SIS due him al
wages from the Union Pacific and a policy
Of life insurance In the Brotherhood oil
Locomotive Firemen. A claim against the
railroad company 10 a contingent part Of
the estate.