The Providence news. (Providence [R.I.]) 1891-1906, 1902-04-26
MILLIONS
INVOLVED.
Warm Legal Battle to Break
Will Of Merchant Kemp.
MENTAL INCAPACITY ALLEGED.
Sensational Developments Are Promised
BY Counsel for the ContssiIny
Relatives.
MENTAL iNCAPACITY ALLEGED.

test I'm which the stake will be the mill
lions left by Edward Kemp, who died last
December, IL years old, leaving a aiwldow.
but no surviving issue
Mr.. Kemp, who for many years was
active In the wholesale drug house OF
Lanman q Kemp as member OF that
firm. left an estate the value OF which is
variously estimated at from si,O00.000 to
sl0,OOOOoO. consisting OF both real and
personal property. Charles s. Simpkins,
counsel representing the contesting rela-
tives said yesterday that from his knowl-
edge OF the affairs of the estate he does
not regard sioO0o0o0 as an excessive ap-
praisa
Contestants in the pending struggle are
John Logan Foster, Thomas X Foster,
James T.. Foster and Margaret A. Moore,
all OF whom are the children OF a sister OF
the testator and reside I'm this city. Their
efforts will be directed toward invali-
dating the will. Should they be successful
and the estate be partitioned as intestate,
Mr.. Simpkins' clients. he says. represent
one-ffth interest I'm the whole. the de-
decedent having been one OF a family OF
six. and the widow OF Mr.. Kemp having
been left only life interest In the greater
portion or the property.
In the effort 10 break the will sensa-
tional evidence is promised. Counsel for
the contestants not only alleges mental
incapacty on the part OF the testator.
who drew up and signed the will on what
proved TO be his deathbed, but allegations
OF undue influence on the part of others
will also play part In the controversy.
TERMS OF THE WILL.
Mr.. Kemp's will was signed on Decem-
ber 2, two weeks before his death. In II
he appointed as executors and trustees
his widow, Mary Augusta Kemp; his
nephew. George William Kemp; his part
ner. George Massey, and his friend and
and counsel. Treaawell Cleveland -Fe his
widow the testator left his jewelry, house
hold effects, paintings, books. silver
ware. horses and carriage. His coun-
try place, consisting of 500 acres a. Rum
son, Monmouth county, n. j., was left TO
her for life. together with a bequest OF
100000 outright. The residue Of the large
estate was TO be held I'm trust by the
trustees named, the income to be paid
to the widow for life.
On her death 800. 900 was to be paid to
each of the testator's two favored
nephews, George William Kemp and Ed
ward Kemp. Jr., who are the sons OF his
brother, George William Kemp, deceased;
$l00,000 was to be held in trust for the
benefit of the testator's sister. Eliza Cald-
well; his nieces, Emma Mears and Louisa
May .Macready, and Fanny Thorp, who
formerly lived with the Kemp family.
each 10 share equally In the income. For
the benefit of Edward Charles Mears
Kemp, of Elizabeth, ~. j., another $780,
600 trust fund was established. and George
Massey was beaueathed $4,000 in recogni-
ton of his services to the firm.
Provision was then made for division
of the residuary estate into two equal
parts, bequeathed In trust to the favored
nephews. George William Kemp and Ed
ward Kemp, Jr., each to enjoy the income
hereof.
Codicils were appended by the testator
on Dec. l6 and Dec. 20, respectively. the
latter only four days before Mr.. Kemp's
death. In the first of these the bequest
TO George Massey is so altered as to be
made TO "his legal representatives" and
the testator makes a few small legacies
OF $4,000 each. In IL ne also leaves with
the trustees. $4,000 to be divided among
the firms employees who shall have been
In its employ not less than five years.
PLANS FOR THE FIRM.
In the second and last codicil the testa-
tor, noting the expiration by limitatoon
OF the firm of Lanman a. Kemp on the
approaching Jan. I. says: Should
new firm of Lanman e. Kemp not be
formed prior TO my decease, i authorize
my executors TO form a new firm on such
conditions as may be deemed best by
George Massey. George William Kemp
and Edward Kemp, Jr" For that purpose
the testator authorizes the investment OF
capital not exceeding 100000.
Subscribed to not only the original will
but TO both of the condicils are the names
as witnesses OF DR.. Daniel NJ. Stinson, of
fl West Seventeenth street, and OF Elsie
NJ. Turner The first named is the fam
lily physician, who had been I'm attend
ance on Mr.. Kemp for Is years. The
woman was his nurse during his last
Illness.
In the certificate OF death DR.. Stinson
attributes the testator's demise TO heart
failure mitral insufficiency and chornic
interstitia nephritis" As DR.. Stinson
must appear before the surrogate as one
OF the two witnesses TO the signature OF
the will counsel for the contestants will
take advantage OF that fact To cross cx-
anime him sharply as to Mr. Kemps
mental condition on the dates when he
signed the chief instrument and Its two
codioils.
Another ground on which the contention
Is based Is the allegation that some years
ago Mr.. Kemp, when In good health. had
made a previous will. In which he did not
disinherit the present contestants nor es-
pecially favor the TWO nephcws. since
closely associated with him in business.
In defence OF the Will Evarts. Tracy
& Sherman will appear for the window:
Clark a. Culver will represent the inter-
ests of George William Kemp, executor
and legatee and Cleveland & Cleveland
will act as counsel for George Massey anu
Treadwell Cleveland. executors and trus-
tees under the Will.