The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1900-10-03
LEFT out COMMA
Lack Of the Little Punctuas
tion Mark Causes a
Will Contest.
FIGHT OYER LOUIS MOHL'S ESTATE
Testament Drawn by William
McAdoo Said to Be
Defective.
FIGHT OYER LOUIS MOHL'S ESTATE

AHS TACK OF a comma in will has
thrown cloud on the title to a valuable
mouse and lot on Newark avenue. and
is responsible for a long drawn out liti-
CATION in the Court of Chancery. Louis
Nom, formerly of No. 2g6 Newark ave-
nue., died IN September, 1881, leaving val
liable estate, son, Louis Mohl. Jr.. and
step-son, John Messo. The step-son
nad four sons and four daughters. ard.
according to the testimony In the case.
the old man was very fond of his STEM
grandchildren. One of them, named John
Messo for his father, he adopted. chang
ing his name to John Mohl, and took
him to live with him.
Mr.. Mohl also left a will. which was
drawn by William McAdoo. formerly As
sistant Secretary of the United States
Navy, who. at that time, was a. prac-
t1cing lawyer in this city. BY this will
he left to three of the step-grandsons
slo0 each. to Mrs. Katie Dieke. one OF
the tep-granddaughters, the house and
lot, No. 349 Fourth street, Jersey city:
to Lizzie Messo and Eva Messo. real es-
tate at Carlstadt, N J., and to Fred
erdeka Messo, the fourth step-grand-
daughter, 500. The fourth clause of the
will left ito my beloved grandson. SON
OF my step-son, John Messo'' the house
and lot, No. 296 Newark avenue There
was comma in the clause after grand
son, but none after step-son. Every one
at that time thought that John Messo
or Mohl was meant. and when he be-
came of age he took possession of the
property. He subsequently sold the house
and lot to Joseph Hollerith, who died
some time ago, leaving a widow and a
son.
The 1egacies to the other step grand
children were never paid as Louis Mohl.
sr. left NO personal property and all his
real estate was disposed of by special
bequest. The three step-grandsons were
left 800 by the will. They all died,
however, and left their legacies to Fred
erieka, so now she hold claim of s40o
against the estate, which with interest
now amounts to $1,000, and whatever
other interest they might have had in
the estate. Recently Fredericka became
of age and she wanted her legacy When
she found that there was no money in
the estate to-pay it she consulted Lawyer
John Bowen. Mr. Bowen looked over the
win and discovered the absence of the
all important comma in the fourth clause.
my beloved grandson" but no more in
the sentence SO that instead of reading
my beloved grandson. John Messo,
which every one accepted the meaning of
the clause to be really meant TO my be-
loved grandson, son of my step-son, John
Messo, thus leaving in doubtful which
one fthe four sons of John Messo was
''my beloved grandson" and to whom he
really left the property.
He advised Frederick that she had a
case, and recommended that she apply to
the Court of Chancery to have the will
set aside on the ground of its ambiguity.
The young woman did SO. and fled her bill
accordingly. All those who have owned
the premises supposed to have been de-
vised to John, and those having the shad-
ow of a claim against the property were
made defendants, in all thirty. These re-
tanned Horace Allen of Hoboken and Ram
dolph Perkins of this city to look out for
their interests.
The case came up before Vice Chancel-
ior Stevens yesterday afternoon on final
hearing. Several witnesses were examined
to show that old Mr.. Mohl had adopted
John Messo, Jr., and often spoke of him
as his beloved grandson. Much testimony
was also given to show that it was gener-
ally understood when the will was made
public that young John was the person to
whom the testator desired to leave his
property. When the testimony was all in
the Vice Chancellor told the counsel to
submit briefs to him.
The counsel for the defendant do not
anticipate an adverse decision after the
testimony they presented yesterday. They
saw at any rate young John is safe By
another clause of his grandfather's will
the property left to Louis Mohl, Jr., was
to go to him in case Louis, Jr., died with
out issue. Louis, Jr., committed suicide
not long ago and died leaving no childrenI
Another person connected with the es-
tate also committed suicide. He was Sc
bastian Foller, one of the appraisers Of
the estate.