The Washington times., 1902-07-06
One of the Most Remarkable TeStamentaTu
Contests Known in the History Of the
District Courts Strange and Mysterious
Mailing of the Document TO the Register
of Wills. and Its Mutilated Condition.

argued, snatched 1t from the fire In time
to save It from destruction. II this
theory were true 1t is hard to imagine
that only the edges of the paper should
have been burned, while the body is
not even scorched.
1t was also advanced as a plausible
reason for the condition of the paper
that by accident it was thrown out
among others from the Holt home and
finally found It's way TO a rubbish pile
where its edges were burned. By acct
dent. II Is contended, 1t was found, It's
| Importance noticed and then forwarded
to the Register. The handwriting on
the envelope which contained the will.
it is contended by many, Is that of an
illiterate person and not a disguised
hand.
There Is one thing certain about II all
and II is thas no one has been able to
discover by whom the document was sent
to the Registers office.
The litigation over the estate OF Judge.
Holt. which has just ended, was begun
on August II, 1894, by Washington d.
Holt, William G. Sterett, John W. Holt.
and others. heirs at law of Judge Holt,
who stated that they believed that he
died without leaving a will and asked
to be appointed administrators of the
estate. In this petition they were join
ed by Margaret Bowmer, Locke W. In
glehart, Sarah Holt. Robert s. Holt,
Thomas Holt, and James Holt. all
nieces and nephews OF the deceased.
Upon this petition Mr.. Charles C. Cole,
then one of the justices of the Supreme
Court OF the District. appointed the Ma
tional Safe Deposit. Savings and Trust
Company of this city administrator of
the personal estate left by Judge Holt.
Little or nothing more was done in
the matter OF the settlement of the es-
tate until after the receipt of the will
by the Register of Wills for the Dis
trict On September 20 Mr.. Luke Dew
lin. who was named as executor by the
testator, filed a petition asking that the
document be admitted to probate as the
last will and testament of Judge Holt.
and also that the order appointing the
National Safe Deposit, Savings and Trust
Company as administrator be declared
void and for naught. This clearly de-
fined the issues of the parties interest
ed. and from then to the end the litiga-
tion was contested most aggressively.
The counsel on both sides were among
the leaders of the local bar. The ad-
ministrator under the Will, Mr.. Luke
Devlin. and the benefciaries, Miss LIZ
zie Hynes and Miss Josephine Holt
Throckmorton. were represented by At
torneys J. J. Darlingtons Calderon Car
Isle. William G. Johnson. and George
c. Fraser. while the heirs -at-law were
represented by A. S. .Worthington, John
D. Heald. and the late Judge jeremiah
NJ Wilson.
. After the filing of the will for pro-
bate the heirs at law became the cave
ators, and the beneficiaries and the ad-
ministrator the caveatees. Issues were
framed. and the matter went to trial
before the late Justice Bradley. After
trial which occupied the attention OF
the court for several weeks, the case
was submitted to the jury on the after
noon OF June 25 1896. at 3:15 o'clock.
After long deliberation the jury re-
turned a verdict declaring that the doc
ument offered for probate was not the
will OF Judge Holt. In accordance with
the verdict an order was made on July
10, 1885, which was transmitted to the
Probate Court denying the probate.
From this Judgment the caveatees, the
benefciarIes under the Will. and Mr..
Luke Deylin, took an appeal 10 the
Court of Appeals for the District. The
matter was argued before that tribunal
during the latter part of the year, 1897.
and on May 3. 1898. In an opinion an
nounced by Mr.. Justice Shepard. that
court affirmed the findings OF the Su-
preme Court Of the District. and for a