The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1899-11-09

Heirs of lanes C. McKessOn Ask
for Another Division OF the
Deceased's Property.
CLAIM UNDUE INFLUENCE USED

James G. McKesson and Joseph F. McKes-
son Contest the Probate of the Will and
Are Ready to Make Hot Fight Against
the Brother who Secures the Bulk of
the Property-Many Well Known Attor-
news Interested IN the Case.
The division of the property left by
James C. McKesson, of the town of
Randall who died on August 10th of
this year, is the topic of interest in the
County Court today and it will prob
ably be in the courts for some time
before the matter is finally settled to
the satisfaction of ali parties con-
cerned.
The time for hearing on the pro-
bate of the will left by the deceased
came up today and it brought the
largest crowd of interested parties
ever assembled in the county court
room. The reason for the interest is
the fact that two of the sons and heirs
of the deceased have filed protest
against the probate of the will. The
will was made in July, 1897, and was
filed for probate on Sept. a, 1899 Ac-
cording to the provisions of the will
the bulk of the property of the de-
ceased was left to his widow. and IN
case of her death it was to be handed
down to the son, George Washington
McKesson. The other three brothers,
James c., Joseph and William, were
either not mentioned in the will or re-
ceived only a nominal amount OF the
estate. William McKesson, one of the
sons, who was recently a candidate for
Assem- o1yman on the Democratic tick
ct, is not mentioned in the will at all,
but the other two sons are each given
$500. The latter two sons are contest |
ing the probate of the will. William
McKesson has no part in the proceed |
ings, as it is stated that he waived all |
claims under the will on account OF |
gifts which he had received from the |
father before his death. After the |
making of the will the mother and |
wife died and thus left George Wash
ington McKesson the heir to the |
greater part of the estate. AS soon as
the will was filed for probate in the
court the two contesting heirs through |
their attorneys, Wallace Ingalls, and |
James Cavanagh, filed protest a1leg-
ing that the will should not be admit
ted to probate on the grounds that it |
had not been duly executed according |
to the provisions of law. They further
urged that the testator at the time of
the making of the will was not of
sound mind or of sufficient mental ca
pacitY to make will, and that he was
feeble and infrm in body and mind.
The main contest, however, comes in
the direct charges against the brother,
George Washington MCKessOn, who is
named as executor of the will. They |
a11ege that the latter used undue inf1u
ence and persuasion to- compel the
father to make a will which would |
leave the property in his hands. In
this act they a11ege that he was assist
ed by several disinterested parties.
The executor of the will is ready to
make as hard fight as the contestant |
heirs and has employed Senator
Ouar1es and attorney Louis Rohr, of
Burlington, who was one of the wit |
nesses of the will, to take care of his |
interests in the case.
The estate over which the contest is
being made is regarded as very va1u-
able one. 1t consists of forty acres of
land situated on the banks of Powers |
Lake. For some time the land in that
vicinity has been increasing in value
and it is claimed that some of the land
owned by the estate is worth $1,000 an
acre. The remainder of the estate
consists of moneys and personal prop
erty.
This afternoon an effort is being
made to settle the contest of the will
out of court, and it is reported that a
proposition has been submitted and
will probably be accepted, by which
each of the contesting heirs will re-
ceive So, 500 on the dropping of the
contest. The attorneys, however, say
that no settlement has been reached.