Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1899-06-08
The Ballard Estate.

Tho litigation in the district court
over the will OF the late Mrs. Sarah j.
Ballard took an unexpected turn yester-
day. The heirs-at.aw who had COM
menced suit to have the will set aside
withdrew their objections and on tho
proper showing being made the will was
admitted to probate. They also filed
their consent to the appointment OF N.
M. Pussy as executor. This ends all
the litigation 30 far as the will itself il
concerned, but does not affect the suit
brought by the heirs against the
Woman's Christian association to have
the requests made to tho associ alton by
Mrs. Ballard during her life time set
aside.
Mrs. Ballard by her will left all of her
property, with tho exception OF the
bequest TO the Woman's Christian AS
ISOLATION hospital, TO bo divided "share
and share alike" among her grand
children, the children of her daughter,
Mrs Virginia Robinson, and OF her son,
o. II. Ballard. A clause in the will pro-
vided that in the event OF any OF the
heirs having made an attempted sale or
assignment Of their expectancy or pro.
spective shares they should receive
nothing and their shares should be
divided proportionately among the
others. The heirs contested the will on
the grounds that Mrs. Ballard was in.
firm and feeble both in body and in
mind and without sufficient mental
capacity to make Il valid will. They
also alleged that undue influence had
been brought to bear upon her at the
time she made tho will.
The litigation promised to be lengthy
and expensive and in order to avoid
having their respective shares eaten up
by tho expenses attending the suit the
heirs agreed among themselves TO with.
draw their objections to the will and
permit distribution OF the estate. The
agreement filed yesterday provides that
the court shall issue an order as soon
as the executor filed his bond in the
sum OF $4,000 for a distribution OF
$685. 200 among seventeen OF the heirs.
The value OF the estate ready for dis,
tributiOn amounts to $4,000, but it ia
stipulated that about 5000 be held for
the shares OF two OF the heirs whose
rights are disputed and are to be settled
by the court and to pay for the ad.
ministration OF the estate.
1t was also agreed that the court ap,
point special administrator to repre-.
sent the estate in the proceedings against
the Woman's Christian association, as
N. M. Pusey, the executor, acted as Mrs
Billiards. attorney and drew up the deed
whereby Mrs. Ballard bequeathed to
the association the property now in
controversy. This disposes Of the suit
brought by the heirs opposing the ap,
pointment Of Mr.. Pussy as special
administrator.
In addition to cash bequest OF $40,
600 Mrs. Ballard conveyed to w. II. M
Pussy in trust for the association or
December %, 1897, three lots on First
avenue just west OF the Grand hotel
two lots in Beers addition and one in
Evert's addition. The property on First
avenue is improved and contains two
residences, one Of which was Mrs. Bal
lard's home. The property thus con
veyed is valued at about $4,000. The
heirs have brought suit to have the
trust deed set aside, alleging that it was
secured through undue inhuence.-C. b
Dept. Omaha Bee.