Evening star., 1901-08-28
CONTEST OVER WILL
Estate of the Late Edla ]. McPher-
son in Litigation.
FHE WIDOW OF new JERSEY SENATOR
Caveat Filed by Her Daughter,
Mrs. Ella M. Muir.
VALUE OF THE ESTATE

! V A l. u q OF TIL E. E S Ia 7 u
| A caveat to the will of the late Edla J.
| Mcpherson, widow of Senator John r. Nc
| Pherson, deceased, of New Jersey, was
| filed in the District Supreme Court today
! by Mrs. Edla Mcpherson Muir, wife Of DR..
Joseph Muir of New York and daughter of
Mr.. and Mrs. Mcpherson. The estate in
| volved is a very large one. A contest over
| the will of Mrs. Mcpherson was begun in
| the New Jersey courts some time ago, but
the action taken in the local court today
| is Independent of that proceeding.
| Mrs. Muir states in her caveat that her
mother, Edla J. Mcpherson, died in New
York March 90 last. At this time Mrs.
Muir was in Europe She further states
that the estate, both real and personal,
| consists of property valued at $750,000,
| large portion of which-amounting to about
| $4,000 worth-is located in the District of
| Columbia. For a long time previous to her
| death, it is stated, Mrs. Mcpherson had
| been temporarily residing in New York,
! but had a permanent residence in Washing
ton, where her home, household furniture
! and other personal belongings were at the
| time of her death and still are. After re-
ceiving notice of the death of her mother
by cable Mrs. Muir states she took passage
| for the United States, and while returning
| April 8, she says, a paper writing dated
March %. 1901, purporting to be the viii
for probate in the surrogate's court of the
| county of Hudson, N. ]. She says this
| paper was offered for probate by Aaron s.
Baldwin, who is named in the will as ex-
ecutor. This paper, she goes on to say,
was admitted TO probate and letters testa-
| mentary were issued to Mr.. Baldwin. All
these proceedings, she says were had
without any notice whatsoever to her or
her counsel.
Alleged Ineffective Action.
Mrs. Muir says she believes the action
| of the surrogate's court was ineffective and
| void because her mother, the testatrix, was
| not resident of the state of New Jersey
! and that the surrogate court in that juris-
diction was without authority in the prem
| ises. In this connection she states that she
| has a perfect right to apply to the or
| phans' court of the state of New Jersey
| and has instituted proceedings in the courts
! of that state to test the validity of the
paper purporting to be the will of her
mother.
In and by the provisions of the proposed
| will, Mrs. Muir states, she is given life
interest in the estate of her mother and
upon her death the estate is to SO to
| Baldwin, stranger having no claim upon
her mothers bounty by relationship or
| otherwise, for the term of his natural life.
AT his death, she says, certain legacies are
] in Jersey City and the Emergency Hospital
| III the city of Washington, the residue of
| the estate to go to Yale University. Bald
| win, she states. is named as the sole ex-
ecutOr and as trustee, and is given large
and unrestricted authority in dealing with
| the estate By the provisions of the pro-
| posed will, Mrs. Muir says, any children
| which may be born to her are entirely cut
| off from any share in the property. 1t is
! further stated that the property alleged to
! have been bequeathed by the will of the
| mother came into the possession of the
latter by virtue of the will of the cavea-
| tors father, John R. Mcpherson. The will
| of Senator Mcpherson is on record in the
| office of the register of wills for the Dis
| trict of Columbia.
Provision of the Will.
| The provision Of Senator McPherson's
will, out Of which the contest arises, is as
| follows:
"AIl the rest, residue and remainder Of
my estate, real and personal, and wherever
situated, after the payment of my debts
and expenses aforesaid, I give, devise and
| bequeath to my wife, Edla J. Mcpherson,
to have and to hold unto her and her heirs
and assigns forever, in the full confidence
that my said wife after my decease will
provide for our children with the same re-
gard for their welfare l myself would
have IL living
Mrs. Muir says she is advised that under
the above clause of the will Of her father
the property was bequeathed to her mother
| in trust for their children, and that her
mother was, therefore, without power to
| make the disposition of the property at
tempted in the paper writing, if it was her
intention and desire to SO dispose of it,
which is denied. Mrs Muir further saws
that she is informed that Baldwin has filed
| in the Orphans Court of this District Pc
tition asking that certified copy of the
proposed will of Mrs. Mcpherson and the
| proceedings had In relation thereto in the
surrogates court in Hudson county be duly
recorded in this jurisdiction and that anciI-
lary letters may be issued from this court
to him as executor and that he be appoint
ed receiver to take charge of the real estate
| In this jurisdiction.
Grounds for Contest
In conclusion, Mrs Muir states that she
is the only surviving child of Edla J. Nc
Pherson, and contests the probation and
validity of the paper writing purporting to
be the last will Of her mother Mrs Muir
enters her protest on the following grounds:
First That the paper writing is not the
will and testament Of the decedent.
Second. That the disposition attempted
to be made of the personal and real estate
Third. That the decedent did not declare
the paper writing to be her last will and
testament.
:. Fourth; That the attesting witnesses
the alleged will at the request or in the
presence of the testatrix
Fifth. That the paper writing was.
never read over to or by her mother be-,
fore or at the time Of her signing the
same, nor was it at any time in her pos
session, except momentarily, when the
said subscription was affixed
Sixth. That at the time of aff1xine the
subscription her mother was SO weak men,
tally and physically, from the effects OF
disease that she was unable to and did not
completely and fully comprehend and un-
derstand the full effect, extent and mean
Ing of its provisions.
Seventh. That the paper writing pur-
porting to be the last will of her mother
was obtained on the execution thereof by
fraudulent certif1cation and the undue in
huence and persuasion of Aaron S. Bald
win or some other person or persons TN
known to the caveator.
Eighth. That the paper writing was not
freely or voluntarily executed, but that
the subscription thereto was procured by
fraud Misrepresentation and artif1ce"
AuH To