The Savannah morning news., 1900-08-16
Jos. A. Magnus & Co..
CINCINNATI, o.

ty but there are off-shoots of the stem
in other tribunals of justice.
The controversy that Is being judicially
wagsd is fer the possession of the estate
Of the late Aaron Israel. an cid man who
died in Atlanta during February of the
present year. TIE claimants of the estate
reside 10th in this country and in Prus
STA, and thCse latter beneficiar.es are pros
ecudng their claims through the German
consulate in Savannah. Through the con-
sulate Mr. Emile Newman has been re-
taired to represent their interests.
When the old man named Aaron Israel
died he left a considerable es ate, He had
accumulated the property, approximately
worth from $500 to $40 COO during a long
life of hardship and saving. The old man
wife DIED two or three years preceding
his dea h and there were no children. He
left will in which he gave some spe-
cific pieces of property to a nephew of
his, Mr.. Louis Bebro Of Atlanta, and
also made in the will some specific be-
guests and legacies; all the est and resi-
due of his property, consisting princi-
pally of real estate situated in Atlanta,
was bequeathed to his sis er, Mrs. Jo-
hanna Dobrzynski, and her children, who
live at Inowrezlaw, Prussia. Mr.. Henry
Wellhousl, of Atlanta, was made execu-
tor of the will, and took charge of the
property. The will was duly probated.
The parties in Germany, making inqui-
ries through the imperial German con-
sulate in this city found out this state of
facts, and employed Mr. Newman to rep
resent their interests. The attorneys for
the executor Messrs. Slaton g. Phillips
and Mayson & Hill of Atlanta, and Mr..
Newman, arrived at an amicable agree
ment, and in pursuance thereof some of
the property was to have been sold in
July last, so as to produce enough money
to pay off certain debts and legacies. The
remainder of the money was to be turn
ed over to the residuary legatees, and the
remainder of the property to the same
parties. Full power of attorney was given
to Mr.. Newman, and everything seemed to
proceed i'm its regular course.
On the day preceding the proposed pub
lie sale in Atlanta, however an injunction
was obtained by Mr.. Henry Wolf, a broth
er-in-law of the deceased, based uron
motion for new trial, pending in the Su-
perior Court of Fulton county, which had
not been disposed of prior to the death
of the deceased, and temporary injunc-
ton was grained by Judge Lumpkin re-
turnable on Sept. s.
1t appears that serious charges are made
against the deceased,it being claimed that
all of the property which he assumed to
be his own is equitably that of the de-
ceaseds wife, and that she had right to
dispose of it as she saw fit. AS a matter
of fact, she made a will. in which she
gave one-falf of her property TO her hus
band, and the other half to the children
of Mr., Wolf. After long fight in the
Court of Ordinary and the Superior Court,
the will was thrown out, and upon that
decision is the motion for new trial pend
ing. This motion was never disposed OF,
and, as stated, the injunction is based
upon It.
The lawyers representing the executor
feel satisfied that they will gain the pres
ent case, and that the will of the late
Mr.. Israel will be respected and the prop
erty pass hereunder Considerable litiga-
CATION, however, is very probable and
some interesting developments viii very
likely result.
Added to the complicated situation of
affairs, Mr. Wellhouse, executor of the
viii, is a member of a firm which failed in
business recently in Atlanta, and which
was forced into Involuntary bankruptcy.
son to have charge of the property in
question, especially as he is under no
bond, and is exempt. under the terms OF
the will. from making any returns. Mr..
Newman has fled a petition in the Court
of Ordinary, requiring Mr.. Wellhouse to
show cause why he should not give a
bond in sufficient sum, or be removed
from his trust. This matter is now pend
ing, and win come up in Atlanta on
Sent 2