Evening star. [volume] (Washington, D.C.) 1854-1972, 1898-05-04
Probable Termination Of the Contro-
vesy Over Judge Hollis Estate.
LOWER COURT UPHELD
History of Proceedings in Which
Heirs Participated.
OPINION ON APP EAL

AS exclusively announced In Inc star,
the Court of Appeals late Yesterday after
noon. in an opinion written by Mr.. Justice
Shepard affirmed the judgment of the
Circuit Court in the case of Josephine H.
Thrcckmorton and Luke Devlin, appel
lants, against Washington D. Holt, Will
liam G. Sterett. Margaret Bowmer, John
W. Holt Locke w. Iglehart. Sarah Holt,
by Judge Holt. her guardian; Robert S.
Holt, Thomas Holt and James Holt.
This is the famous Holt will case. and UNI
less the matter should be carried to the
Supreme Court of the United States the
opinion of the Court of Appeals finally dis
poses of the questions in dispute, bringing
70 an END perhaps the most novel and in
teresting civil cause ever tried in the
courts of the District of Columbia. The
appeal was from a judgment of the Su-
preme Court of the District of Columbia,
holding sessions for Orphans Court BUSH
ness, refusing probate of an instrument Of
fered therefor the last will of the late
Judge Joseph Holt.
Judge Holt, who had been distinguished
lawyer and was generally regarded as an
accomplished speaker and writer, was born
in the state of Kentucky in 1907. He came
to Washington in 1863 to accept the posi-
ton of Postmaster General in the cabinet
of President Buchanan. Later he pecame
Secretary of War in the same cabinet and
remained until the Inauguration of Presi-
dent Lincoln. In 1864 he was appointed
Judge advocate general of the army of the
United States, from which he retired in
1879
He continued to reside in Washington
after his retirement. He had been twice
married, but had no children. His first
wife. Mary Harrison, who died in 1Si6, was
the first cousin of Eliza beth Hynes, one of
the legatees of the will offered for probate.
In 1850 he married Miss Wickliffe, who died
in 1862 She, it appears. was the cousin of
the mother of Josephine Holt Throckmor-
ton, the other legatee named in the will
| referred to- TIE latter was also the god
daughter of Judge Holt
Judge Holt had several brothers and sis
tiers, all of whom died before him. leaving
| children who were the appellees in the case
lust decided One of these citizen of
Texas. had been living in this city for sew
eral years before his uncle's decease; 9TH
ers lived in Kentucky, Indiana and Missis-
sippi.
| Judge Holt lived alone, attended by sew
eral servants, who had been some years in
| his employ. Immediately after his death
William G. Sterett, the nephew living in
| Washington. went to the house with his
| WIFE and the next day was joined by an
| other nephew, Washington Holt, who lived
in Kentucky.
Pursuant to directions given them by
| Judge Holt shortly before his death, as
they testified during the trial, the servants
| delivered JuQRe Holt private Keys "
Washington Holt. Search was made by
| Holt and Sterett among the papers of the
| deceased in the house for a will They
| testified that no will was found. and that
! the only thing of a testamentary nature
discovered was an unsigned memorandum
of a bequest of - dollars" to the Wash
| ington Humane Society. This had no date.
but must have been made after February
13 1850 as that is rected as the date Of
the act incorporating the society.
! 1t appeared that the deceased had pre-
SERVED his papers and letters with great
apparent care. They We're found in pack
| ages carefully Endorsed. and there was
| testimony tending to show that in his last
! years, when his sight was impaired. he
could direct his servants where to find
package that he wanted. Memorandum
| books We're found showing the entries of
trips taken and expenses paid, and one
contained entries of daily expenditures.
After or during the search for a will the
| nephews, SO they said. caused to be burned
| in the yard by one. of the servants some of
| the letters to the deceased from Washing
| ten Holt and his family, and some Old
newspapers and circulars were burned in
| the fireplace in one of the rooms of the
house.
Search for the Will.
Some days later, at tbf request of Wash
| ington Holt, the register of wills searched
| the house carefully, butt found no will. An
employe of the registers office made IA
search also without success. He saw the
evidence of the burning of papers in the
| fireplace and yard and suggested the seal
ing of all papers, which was DONE
Judge Holt had box in the vault of the
National Safe Deposit Company in which
some papers were kept. The trust officer of
that company examined these and found a
Will bearing date April 3, 1913. and a MEM
orandum on a rough piece of paper as fol-
lows: Humane Society. $1,000; ChiIdren's
Hospital, $4,000; Lodging House, $500;
emergency n Hospital and Dispensary, $3.50;
! rtkA
NO VIII having been found, Washington
Holt, William G. Sterett and John Holt
MED August II. 1884, a petition for letters
of administration, which resulted in the
| appointment of the National Safe Deposit.
Savings and Trust Company as admins
traitor.
The paper considered in the case tried, as
the lost will of Judge Holt, was received
by the register of wills in the morning
nail delivery, August 26, 1895, inclosed in
an ordinary envelope of official SIZE to-
gether with a piece of pasteboard. There
was no other Enclosure and nothing to in
clcate the source from which the document
came. The address: ITO the Register of
wills, d. c." was in large. irregular let
tiers, after the form of print made with
pen and ink. The postmarks on the pack
age indicated that it had been deposited
| In one of the many mail boxes situated in
the northwest quarter of this city. and
had been delivered at the general post
office at g pm. August %. 1895.
Signs of Mutilati0n.
The paper, whsn received. showed signs Of
| mutiiation by burning and tearing: the
place where tine seal would appear, if affix-
ed, as indicated in the recital to the next
| to the last line, was roughly torn away. It
punported to have been signed and sealed'
February Z, 1873 There was no attestation
clause before the signature of the three
! witnesses Ellen 3. Z. Sherman, U. S.
Grant and w. T. Sherman. These followed
the name Of the testator. with a slight in
terval between his and the first of them
| Ellen B. E. Sherman was the wife Ct W.
| T. Sherman, who was then general COM
handing the army of the United States
I.and,U. S. Grant was then President. The
! paper was torn nearly, If not entirely,
across the page between the signature Of
| the testator and that of the first witness
There was testimony lending to show that
| the separation was complete; but the
weight of the evidence was TO the effect
! that it was not entirely separated at one
4 end.
+ No testimony was produced during the
trial tending to shed any light upon the
mysterious appearance of this WILL All the
parties -disclafmed any knowledge Of its ex-