Evening star. [volume] (Washington, D.C.) 1854-1972, 1902-07-09
THE HOLE WILL CASE
Famous Suit Finally Settled
Out Of Court.
THEMYSTERI0US PAPER
ARRANGEMENT AMONG HEIRS
NOT GIVEN TO PUBLIC.
Much Fought-over Document Came
Through the Mail-Case Tried
in Three Courts.

After litigation extending through sew
eral years the famous contested will case
involving the estate of Joseph Holt, for
merly judge advocate general United States
army, was today settled out of court An
order was signed by Chief Justice Bingham
of the Supreme Court of the District Of Co
lumbia, presiding in the Probate Court ad-
hitting to probate and record as the valid
last will and testament of Judge Holt, the
scorched paper writing dated February Z,
1873, which reached the Office of the regis
ter of wills in a mysterious manner, Au-
gust 26, 1895.
The court further ordered today that let
tiers testamentary on the estate ISSUE to
Luke Devlin the executor named in the
will, upon his giving bond in the sum of
SO.
Upon consideration of a petition of all
the next of kin of Judge Holt, filed today
Chief Justice Bingham ordered that the ca
veat filed October IS, 1885, in behalf of the
next of kin, against the paper writing dated
February Z, 1878, offered for probate as the
last will of Judge Holt, be dismissed
1t was further directed today by the court
that the order of March 90 1896, certifying
certain issues of fact with respect to the
validity of the paper writing for trial by a
jury be vacated.
Petition of Next of Kin.
The petition of the next of kin, namely,
Washington d. Holt, William G. Sterrett,
Margaret Bowmer, John w. Holt John w.
Holt guardian of Sarah E. Holt; Locke
w. Iglehart, Robert S. Holt, Thomas II.
Holt and James j. Holt, follows:
by a consent of all the parties interested
in this proceeding the personal estate of the
late Joseph Holt has been turned over by
the National Safe Deposit, Savings and
Trust Company of the District of Column
No ,;,1;.
Luckett and Charles l.. Fraley, and the
same has been distributed in accordance
with an agreement among all the parties
in interest. The petitioners have no in
terest, therefore, in the further prosecution
of the caveat filed herein on the 18th day
of October, 1895. and ask leave of the court
to withdraw the same, or that it be dis
missed.
History of Case.
joseph Holt died in this city August 1,
1894. his age at the time being about
eighty-seven years. He left estate of
about S1SO,OOO, most of which was per-
sonal property. He had been twice mar
ried. but had no children. His second wife
died about 1860. He came to Washington
from his native state, Kentucky, shortly
before the war of 1861.
Soon after coming to Washington he
purchased home at the corner of c street
and New Jersey avenue southeast, and re-
sided there until his death: The nearest
relatives who survived him were the next
of kin mentioned in the foregoing, all
nephews and nieces.
Immediately after the death of Judge
Holt a thorough search was made among
his private papers and elsewhere for will,
but none was found. On August II, 1894,
Washington d. Holt W. G. Sterrett and
John w. Holt filed petition in which they
averred Judge Holt died intestate. The
court the 18th of September, 1894, appointed
the National Safe Deposit Savings and
Trust Company administrator.
The time for distribution had nearly ar
rived when on Monday, August 26, 1888,
there came to the register of wills by the
mornings mail large envelope postmarked
washington, D. c., August a. pm, 90
The envelope was found to contain paper
purporting to be the will of Joseph Holt,
dated February I, 1873, to which were ap-
pended what purported to be the sigma
lures of Ellen B. E. Sherman, U. S. Grant
and w. I. Sherman.
The address on the envelope was written
with pen and ink, but in capital letters,
manifestly for the purpose of Disgusting
the writing SO. that the sender could not be
traced thereby. The will was torn,
burned and otherwise mutilated.
The instrument bequeathed all the tesla
tors property to Lizzie Hynes,'' who was
described by the testator as cousin of my
first Wife and to Josephine Holt Throck-
morton, described my godchild." Luke
Devlin was appointed executor.
After Devlin had asked that the paper be
admitted to probate, the next Of kin filed
a caveat. After trial, the jury reported
verdict in favor of the next of kin, find
ing that the instrument was never executed
by the supposed testator; in other words,
that 1t was forgery.
The Court of Appeals sustained the ST.
preme Court Of the District of Columbia,
but the Supreme Court of the United States
reversed the Court of Appeals, and the
cause was remanded to the District SUI
preme Court for new trial.
q c tat mt tha Of no
court admitting the paper to probate as a
valid will was signed today.
The terms of the agreement between the
parties have not been disclosed.
Among the papers filed today were depo-
sitions recently made by Mrs. u S. Grant
and Mrs. Nellie Grant Sartoris, certifying
the belief that the name ~. s. Grant as
a witness to the Will was the genuine sig
nature of Gen. Grant