Evening star. [volume] (Washington, D.C.) 1854-1972, 1902-02-08
Contest of viii Involving More Than
a Million Of Dollars.
THE COURT DEFINES THE ISSUES
Hearing to Begin Monday Before
Justice Barnard.
B A s Is OF THE SU Z


placed on hearing before Justice Barnard
and jury in the Probate Court next Mon
day morning. The case is considered one
of the most important Of its kind tried
here in recent years. The hearing will be
In progress several weeks, it Is thought,
and the issues, according to all indications,
will be bitterly fought The caveator Is
represented by Attorneys r. Ross Perry
and son and Lambert and Baker, while At
torneys Worthfngton, Head and Frailey
and Thomas p Woodward appear for the
caveatees.
Charles H. Utermehle, the caveator, was
a grandson and one Of the heirs-at-law and
next of kin of George w. Utermehle at the
time of the latter's death in 1880. Shortly
after his grandfather's death, according to
the caveator. paper writing bearing date
the 7th day Of December, 1887, purporting
to be the last will and testament of the de-
ceased, was propounded before the court
and was admitted to probate as a will Of
personal property. The caveator contests
the probate and validity Of the paper writ
Ing, and declares the same should not be
held operative either as a will Of personal
or real property.
Reasons Advanced.
The reasons he has advanced are: First
because. 1t IS alleged, the testator was not
of sound and disposing mind, capable of
executing a valid deed or contract at the
time Of the signing of the paper writing;
second, because. it Is claimed, the paper
writing was obtained and the execution
thereof procured by undue influence prac-
ticed against and upon George w. Uter-
mehle by the late Rose NJ Taylor, daugh-
ter, and DR.. Leroy NJ. Taylor, her hus-
band, or by some other person or persons
unknown to the petitioner; third, because
1t is averred, the paper writing was not
n nd rynIr, t.y-1xy IA h,,S hot
the subscription thereto was procured by
fraud and coercion exercised upon the de-
ceased by the parties mentioned, or by some
other person or persons unknown.
The court was asked by the caveator to
set aside the probate as to personal prop
erty to refuse probate as to real estate and
to allow appropriate issues to be framed
under the direction Of the court, to be tried
before jury to determine the allegations
of fact as to the validity Of the alleged will.
1t is explained that the late George w.
Utermehle over whose large estate the
contest arises, was one of the early inhab-
itants of Washington, and was very prom
inent in his day in both business and finan-
cial circles. He is said to have left prop
erty worth nearly a.5Oo.8o0, consisting
chiefly. Of Washington real estate.
By the terms of his will in question, after
certain devises to the tesla tor widow, who
has since died. it is said nearly all the re-
mainder Of the estate was left to two
daughters, Mrs. Taylor, who died several
Mr.. Utermehle was largely interested in
property on 7th street, and it is stated
that the will in dispute has never been pro-
bated under the act Of 1893, which confers
jurisdiction upon the Probate Court as to
real estate.
His Financial Success.
George W. Utermehle achieved rapid sue
cess in a financial way. during the civil
war and subsequently. --...-a.-.
For a long period ha enioyad tho ra,,, .
tation of having more ready money at his
command than almost any other capitalist
in the city, and, 1t was said, was no less
experienced in the art of retaining his
wealth than in the ability to accumulate
Several years before Mr.. Utermehle's
death his only son, Charles H. Utermehle,
died, leaving a widow, Mrs. Naomi Uter-
mehle. who now lives In this city and a
son, the present caveator.
Shortly after the decease Of Charles H.
Utermehle litigation arose between Mr.
Utermehle and his daughter-in-law. The
dispute involved about $4,000 worth of
bonds and securities which We're on de-
post in the National Metropolitan Bank to
the credit Of young Utermehle. The father
claimed he was entitled to the equitable
ownership of the securities. Finally the
suit, which was instituted by a writ OF
replevin, was compromised.
Another Suit.
Later another litigation, which shared a
similar fate, arose over part of this es-
tate, when, after the death of Samuel Nor
ment. his widow, Mrs Mary E. Norment.
instituted proceedings in equity against the
heirs of her husband to recover property
which had come to her through her father,
George w. Utermehle, and which she had
conveyed to her husband.
Comprised within the scope of the Hti-
cation Is some Of the most valuable hnsi-
ness and residence property in Washing
ton, including houses 912 to 91S 7th street
the Young law building, corner 9Th street
and Louisiana avenue; 419 and 42l Mh
street, 913 18th street, 1900 to 1905 ~ n
street. sos and 80 9th street and 1eOa to
1907 New Hampshire avenue. ConsderabIe
r street real estate is also involved
r The Issues.
The court has determined upon and sipnaa
the following issues for trial before the
jury:
WAS the said Charles H. Utermeble IN
June, 1900, estopped against the said Rose
M. Taylor and Mamie E. Norment from
disputing the validity of said paper writing
dated the It'll day of December, 1887, as the
last will and testament of said George
w. Utermehle as a will of personal pron-
erty? p'op-
WAS the said Charles H. Utermeb1e IN
June, 1900 estopped as against said Rose
M. Taylor and Mamie E. Norment from dis
putting the validity of said paper writing
dated the 18th day of December, 1887. as The
last will and testament of said George w
Utermehle, as a will of real estate?
AT the time of the execution nv said
George W. Utermehle of said paper writ
ing, dated December T. 1887. as his last will
and testament, was the said George w
Utermehle of sound and disposing mind and
capable of executing valid deed or con.
tract? WI
Alleged Undue In huence,
WAS the execution of said paper writ
ing, dated December Z, 1887; by said Georpa
w. Utermehle as his last will and tesla
ment procured by the undue influence of
Rose M. Taylor and LeroyrM TAYLOR. sr
or either of them or any other person mr.
persons?
Was the execution Of said paper writino
dated December Z, 1887, by George w IIter,
mehle as his last will and testament. nro-
cured by the fraud of Rose NJ TAYLOR or
Leroy M. Taylor, ST., or either of them or
any other person or persons?
WAS the execution ofIsaid paper writin.
dated December Z. 1887, by said George w.
Utermehle as his last will and Testament
procured by the duress Of coercion of Rose
NJ Taylor or Leroy NJ. Taylor, ST., or eitnsr
of them or any other person or persons"
The Hot Springs of Arkansa..
Owned and centralized hv n G