The Washington times., 1902-04-28
Undue Influence Charged
in Disposition of the
Property.
RIGHTS OF MINOR INVOLVED
oniy the Personal Property, Amounting
TO About Ten Thousand Dollars, In
volved in the itigation-Proceedings
watched With Great Interest-Little
Progress Made.

Inc hearing in the contest over the
estate left by Miss Alberta Stewart will
De resumed this morning before Justice
Barnard sitting for probate business.
While Miss Stewart left an estate valued
at about 100000. only small portion.
the personal property. which is estimated
at between 5000 and $40, 600 is involved in
the present litigation. Notwithstanding
the small amount the proceedings are be-
ing watched with great interest. because
OF the manner in which Miss Stewart made
her will.
AT the time OF her death in the early
part Of July. 1901. Miss Stewart was but
little over fifteen years of age She was
residing with her uncle, Mr.. Albert Stew
art. her guardian, and his wife, her aunt
She was Ill for some time before her
death and left what is purported to be a
VIII, dcvising all her estate TO her uncle
and aunt and their son Frank Stewart.
The documen, which is claimed to be her
Will, and which has been offered for pro-
bate. written in lead pencil is without
date and unsigned by the testatrix.
BY the terms of the alleged will Miss
Stewart cut Off all her maternal relatives
without cent and these instituted pro-
cecdings TO contest her will.
Little Progress Made.
Although the matter has been on trial
for several days, but little progress has
been made in the way of the introduction
OF testimony. The little evidence which
has been adduced was offered TO show that
Miss Stewart always expressed great re-
gard for her maternal relatives. From this
IL Will be contended by the contestants
that IL she had not been influenced 10 the
contrary Miss Stewart would have named
them as bcneficiaries in her will
The will is being contested on the
grounds that undue influence was brought
TO bear upon the testatrix and because of
her age and mental incapacity. On the
other hand, II will be contended by her
uncle and aunt and cousin, who are de-
Tending the competency of the girl to
make a will. that she had often expressed
herself as intending TO devise her estate
as she did. and that she was fully aware
of what she was doing and acted OF her
own yolition in the matter.
Text of the Document.
The text of the document alleged to
he the will of Miss Stewart is as follows:
This is to certify that i alberta Stew
art). At my death. bequenth all my earthly
belongings, both personal and real estate,
to my uncle, Albert Stewart; my aunt.
Anna Belle Stewart. and my cousin, Frank
Stewart, and none other. If my uncle
should die without making a Will. his
share is to go to my aunt, and should my
aunt happen to die without having made a |
viii, her portion is to go TO my uncle, and /!
should they both die without wills, both I
shares are to go &c Frank. Should Frank /
die his share is to be equally divided be- /
tween his parents
Caveats protesting against the probat-
ing of the document the will of Miss !
Stewart were filed by Robert S. Roseway, |
Charles r. Roseway, Anna NJ. Roseway, |
Godfrey Roseway. jr., William II. Rose
way, and Ella V. johnson, maternal uncies |
and aunts of Miss Stewart. The benefci- !
aries under the Will are represented by |
Attorneys X. Ross Perry and Fulton I
Lewis, and the caveators by Henry E. |
Davis and Edward l.. Gies.
The document has been framed by Reg |
lister of Wills Dent. and is being used as |
an exhibit at the rial of the issues in |
yclved.