The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1902-03-26
AGAINST
HEISERMAN
Judge Wilson Di8miSSeS Ap.
pIication of Petitioner
OF PRICE FOSTER WILL
Court Handles Case of I'm.
usual Legal TechnicaIities.

Yesterday afternoon Judge Wilson dis
missed the application OF II. Heiserman to
have the VIII. lost or destroyed, Of Price
Foster. admitted TO probate acknowl-
edging Mr.. Heiserman the legal heir Of
the deceased. The court rendered his de-
cision at 3 o'clock and Mr.. Amidon who
represents AIr. Heiserman, Mr.. Haymak-
er, who represents another claimant to
the property as a nephew of the deceas-
cd, and Nj. BcCanless, who represents
the administrator to the estate being
present It the rendering of the decision
The court in summing up all the evidence
IN the case gave this conclusion: THAT
the alleged VIII has not been proved In
the manner required by the statutes OF
Kansas that If the alleged viii ever .e,-
listed, the evidence does not show thar II
was lost subsequent to the death of the
1estator; therefore 1t is the judgment of
the court that the application of the no
iJloner be dismissed and an order win he
entered thar the alleged viii is nor es
tabiished. Mr.. Amidon immediately gave
notice Of appeal
lows:
his IS an application on behalf OF Fl.
a. Helserman to probate an ALLEGED lost
VIII of one Price Foster deceased Inv
which VIII it is claimed the bulk of de-
tenoent estate passed 10 Mr. Heiser4nan.
me petition sets ont the contents of the
VIII and alleges that said viii was lost
kpoli2ted or destroyed, SUBSEQUENT to fhe
Aeath or said Foster. IN the absence of
)eEai helFs, or viii. the property in
question Will escheat TO the state for the
ri
oence discloses that Price Foster bisblv
regarded the petitioner; that AIr. Heiser-
1ao done him many favOrs. Captain Rob
eris testified that Hr. Heiserman assisted
1 oster TO secure q pension and had gen
eroGsly befriended him at different times
ana It is certain that Foster held the pc
Eioner in grateful remembrance. It is not
improbable that Price Foster made Just
Euch VIII as is alleged: but the question
before the court is: Has there been IeraI
proof thereof: and does the evidence in
froduced sustain the allegations OF the
petition filed herein
t1rst-A VIII must be proved: and the
particular VIII alleged and its execution
hnc atJestation must be proved with the
same certainty and fulness rs in case Of
proving an existing will including proof
Of the testator's sanity or testamentarv
rapacity; and by the witnesses REQUIRED
10 prove VIII produced ia open court for
probate lNol. /. Am. Law of AdrOs- u 4S21
sec = or our wills act provides. that
every lest VIII and testament-sha1l be r.,
Writing, and signed 1T the end thereof bv
fne party making the same. or by some
other person I'm his presence and hv his
express direction. and shall be atteste5
ano subscribed in the presence of slch
party by two " more competent wit
nesses, who sag the testator subscribe or
heard him acknowledge the same And
On probate ~ Wills. section IS of the same
ac- reads MS follows. IF il shall a,Dear
that such viii was duly attested and exc
cnted. and that the testator 1T Che time
81 executing the same was of fuu age and
SOUND mind ana memory and not under
any restraint. the court shall admit The
VIII 70 probate
on behalf II the petitioner two depo-
sitions were introduced 0Ir T T. Full
lam testified thar mr. one time about 1857
Foster showed him document. suaposad
= be- q VSiii. and remarkod- That is where
~ property gees when Gle. it is to go
- iiahS ana fe} meaning the pati-
SloltI ana his wife lie did nor SAY IL was
Nid ana witness saws nothing as To how
y was executed. II or aU The witness
Ii2ly testltes tlat et the request ~ fhs
oedendert ir she vcar l>s8 H. drafted 2
VII Tor SAID Foster ana that thfs viii
Nas duly executed This witness tber
states the contents az the win s-hsr1r-
t2lF as alleged in The petition. and ia
eject passing The estate te This claimant
II Vlt ea Observed That neither Pullman
nor DAILY givos the name ~ The other yri--
ness q t1c Wll and neither testireS as u
TIE c'noiiloo cf the mind or memory az
c~ceol-lt or whether -t The time h.- was
under restraint err uui-a Influence Do IS
Rlso q be nated thar the v-i1 referred -
b. Daily makes tae titior. 2 s-ls hone