The Topeka state journal., 1900-11-23
BREAK The WILL.
Daughters of Late Robert Mood
Fight For Estate.
Think That They We're Net
Given Enough.
A VALUABLE ESTATE.
It Is Supposed to Be Worth
$4,000.
AffornovS Sfata Roth Sides OF
4 VALUABLE ESTATE.
Attorneys State Both Sides OF
the Case.

The suit brought by the daughters OF
the late Robert Mood against his widow.
Mrs Jane Mood, to set aside his Will
was commenced in the district court
this morning.
Robert Mood was in the plumbing
business in Topeka for many years he
died December %, 1897. of Brights dis
ease aften being confined to his bed Tor
over two months. He left a will leaving.
the bulk of his property estimated at
S25. 900 to his widow. His three daugh-
ters, Mrs. Ida May Wehe, Mrs, Jennie
Wehe and Mrs. Lola Bennett pTinS
the suit to have the will set aside Whlcn
if DONE will according to the laws OF the
state give Mrs. Jane Mood, the WldoW,
one-haf the property and leave the otn-
er half to be divided among the three
daughters. Mrs. Jane Mood was ROBERT
Moods second wife and is the step
mother of the three daughters.
In his statement to the jury on behalf
of the daughters, Aaron Jetmore sald:
'sThis suit is brought by the daughters
of the late Robert Mood to set ASIDE
his alleged will which leaves all his pro-
perty to Mrs. Mood. 1t seems Mrs.
Mood was the second wife OF Mr. Mood,
the neither of the plaintiffs, having died
when the girls were about ten years Old
While the plaintiffs in this case do not
claim Mr.. Mood was insane, they 90
claim the disease so affected his mind
that he was susceptible to influences
brought about by his wife which caused
him to make this will May 20, 1886. 1t
seems that Mr.. Mood was always kind
and affectionate to his daughters and
also to his grand children, grandson,
Robert Mood Bennett and grand
daughter We will endeavor to show
that Mr.. Mood was very affectlonate
toward his daughters and grand-child-
dren and that there was no reason why
he should disinherit them
I'VE expect to show that some time
before his death Mrs. Mood urged hln1
to leave his property to her and urged
him to make his will and said in his
presence that when he and she were
gone the children were to receive every
thing and that during her life she only
wanted enough to live on. Mr.. Mood
went to w r. Hazen to have him draw
I'D a will Before her husband, Mrs.
Mood spoke well of the children. He
was reluctant to make VIII but she
induced him to against his best Judg-
ment and that he supposed that at his
death all would go to his children. Be-
fore his death he felt that she would
not properly dispose OF his property as
he had submitted to her wishes only to
have peace We will endeavor to show
that during his last illness he wanted
to change his will and that his wife
would not let him. He even sent for Mr..
Hazen He had expected to look out
for his children and for his grandson
and said when the child was born that II
he was named after him he would
talked about his property going to his
children. We will show that W. X
Hazen who drew up the will, thought
Mrs. Mood was the mother OF Mr.
Moods children. In the presence of his
children and DIR. Stewart Mr.. Mood
said he wanted his property to go to his
kith and kin. He would not allow Mrs.
Moods brother and some other relatives
to come to his house We will endeavor
to show that in the presence OF MI
Mood Mrs. Mood treated his daughters
well but talked against them to others.
After Mr.. Moods death she closed the
doors of the house to the daughters and
said they would not get cent. We Will
endeaVor to show that he did not make
his will for three months after he spoke
to Mr. Hazen and that when he did
he brought it home, threw 1t In MS
wife's lap and said: There is the Will
but you will have trouble about it..
Then he sat down and cried.
For Mrs. Mood w. E. Fagan address
ed the jury He said:
1.-The statements made by counsel have
enough foundation of facts with what
I say to bias your minds We will en-
deavor to show different state of facts
Mr.. Mood was North of England man
and 1t was hard to change his course
when he made up his mind. We Will
endeavor to show that he had not been
careful about accommodating property
until his second wife encouraged him to-
He said all he had saved was due TO MS
Wife'S efforts. She engaged IN the ner-
camille business and helped to start the
accumulation of property. In 1895 he
took a. good deal of time to decide how
to make his will. Mrs Mood was not
present when the will was made. It
was executed 18 months before his death
when he was well and in full mental
and physical vigor. He left to her prop
erty on which 81 400 taxes are paid and
left property to his daughters on which
So coo taxes are paid. Some four or five
months before his death he transferred
81 900 life insurance from his wife to his
Il death h.
ters began to persecute Mrs. Mood in
an endeavor to have her give. up the
property and in hopes of peace she turn
ed over the plumbing tools and stock
Q