The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-04-15

he Issued to Mrs. Edith A. San
born, the Niece-The Court he
Iieves Deceased Destroyed VIII.
Judge Willrich has handed down a
decision in the Allen will case, In Which
he holds that Mrs. Allen died intestate.
and orders that letters of admfnistra-
ton be issued to Mrs. Edith A. San
born upon her filing a bond in the sum
of $4,000.
The estate left by Mrs. Allen amounts
to about $4,000 In the memorandum
accompanying the decision and order,
Judge Willrich says:
The deceased, Julia NJ. Allen, on the 23d
day of June, 1897 or just about one month
prior to her DEATH made and executed her
will. June 80 she made the codicil The
will and codicil were left in the custody of
an eminent attorney of this city CIr. Sey
deceased. The niece, who lived with the de-
ceased, was made the executrix under the
will, with full powers of sale and without
obligation to furnish bonds.
Both will and codicil were placed in en-
velopes, sealed up and left with the attor-
ney for afe-keeping. The attorney and the
deceased had several conversations with re-
spect to changing the will and codicil but
nothing was done and the will and codicil
remained rs before.
Upon his return from a vacation, the at
ceased to draw new WILL but 1t never was
done. 1t appears that the will and codcil
were delivered TO the niece July %, three
days prior to Mrs. Aliens death.
II appears that the deceased had some
conversation prior to July % with the
husband Of her niece, Mrs. Sanborn, about
the probable sacrifice Of the real estate, to
pay all the legactes, which conversation ap-
parently created an impression on her mind
that her real estate might be sacrificed, and
left a conclusion in her mind to dispose Of
her property by deed, to avoid such prob
able sacrifice.
The deceased. between July % and July
Is, 1897, the day of her death. according
TO the testimony in the case was not APP
prehensive Of impending death. She was
physically and mentally about the same as
she had been during the previous weeks Of
her life. which condition was proved by her
arrangements, made with various mechanics
about repairs and work of all kinds on the
homestead, which were to be done under
her immediate supervision.
She was able to walk about the house on
the same day she died.
Now, considering the evident dissatisfac-
ton of the deceased with her will, as eX-
ecuted, and her expressed desire to alter
and change the same, as evidenced In her
letter OF July p, together with the evident
expectation of a longer life, 1t is not at all
unreasonable to suppose that she destroy
ed her will between July % and July 20.
with the evident intention of making an
other in the near future.
This court had ample means to observe
these persons, under the most searching
cross examination, their demeanor on the
witness stand, the manner in which their
testimony was given. the d:rectness, clear
ness and apparent truthfuln SIS of their testi-
mony, which were all matters for the judg-
ment OF the court. and the conclusion seems
TO be entirely justified that the deceased
herself destroyed the will, and was over
taken by death before she had the oppor-
tunity to carry out her altered intentions,
and make a new one, which would embody
all her wishes and clearly express her in
tention.