The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1902-06-07
A CONTEST TO Be MADE.
Some Of the Heirs Under The viii Of
Mrs. Elizabeth B. Rice
HAVE APPLIED FOR AN INJUNCTION
10 Prevent the Contamination Of Com
promise Which They Allese the Ad-
ministrators Have Agreed On.

1aiveston, Texas, June 6.--Another phase
~ tue Elizabeth Rice will litigation came
" hsht yesterday when an order was is
sued by Judge Bryant OF the United states
circuit court restraining o. L. Holt OF nous-
Ton from proceeding further with the com
promise with the administrator OF the VIII
nam NJ Rice estate concerning the moneys
'eit the legatees of Mrs. Elizabeth Il. Rice
Ane order further cites O. I. Holt 10 ap-
pear at Sherman, Texas, on June ~. where
nearing will be had as to whether a TEN.
p0rary Injunction against o. t. Holt should
be Issued
The btu OF complaint was nled IN the
court at Galveston by =. w. Baldwin, e.
a. Baldwin Sarah Baldwin, Mrs. Herbert
Nlnsiow, Adele Baldwin and the Elizabeth
nuiu"ih nome against o. L. Holt us ex.
eeutor OF Elizabeth B. Rice, deceased.
Inc bill alleges that William Marsh Rice
ana Elizabeth b. Rice, his wife. acquired
great deal Of real estate in the State of
ieAas OF the reasonable value OF Sl,250,oOO
ana that the income derived from the lands
u''rihS the marriage and ON hand at the
liihe OF the death OF the said Elizabeth Is
hlee amounted TO at least S1,aJo,OuO; that
'he personal property acquired during the
marriage amounted to at least 81 80. 600.
AZ the date of the death of said isiiza-
peth she left viii by the terms OF which
NouhplAnants are named ms leeatees of
Tue following sums: Stever ". Baldwin
II Baldwin, A. I. Baldwin and Adele
Baldwin, each Sl2,5OO; Mrs Herbert II.
Wiusiow, nee Lipencott, $50, 600, and the
EiiHaDeth Baldwin home $4,000.
lnat by the Will the said Elizabeth u
klce disposed OF Sl,25p,OOO of her said
community estate with the provision that
should her estate warrant 1t all personal
Deguests should be doubled
me MI further alleges thatl the said
u l. Holt. as executor, entered into an
agreement with Baldwin Rice as admins.
traitor of the estate OF William NJ. Rice, de.
ceased subject to the approval of the pro.
pate court of Harris county, by the terms
OF which the said o, I. Holt agrees to
settle aud compromise all the claims
which he, as Independent executor of the
said Elizabeth Il. Rice. deceased, and
which complainants and other legatceS
under said VIII have against the estate of
the said William NJ. Rice deceased, for
the sum Of 100000 under which agreement
the said complatnants would each receive
the sum Of $l53L25 instead OF $1,000,
which they were entitled TO under the will,
except Mrs, Wlnslow, who would receive
S306SS0 Instead of $4,000, and the Eliza.
beth Baldwin home the sum of $3O,OGS. ~
instead of $4,000 The bill alleges that
the excuse which said o. r. Holt gives
for his proposed action in the compromise
is that In his judgment, the evidence taken
shows that the said William NJ Rice was a
citizen of New York and New Jersey until
the date of the death of his said wife with
the exception of the last four five years
OF said period Of time. and that for this
reason only the income derived from the
Texas properties during said four or FIVE
years would constitute community property
claiming that the properties acquired in
Texas by u nonresident during marriage
was not community estate.
Complainants deny the propositions and
say upon information and belief and after
Investigation az the facts and circumstances
that the said William NJ. Rice and the said
Elizabeth B. Rice were from the date OF
their marriage until the time OF the latter's
death citizens of the State Of Texas for
part OF said time; that nevertheless the pre-
sumptious that all lands acquired during
marriage constituted a part of the com
munity estate OF the husband and wife, ap-
piled ms well TO n nonresldence, though they
he citizens Of a common law state; that all
Of said lands would constitute part of tho
community estate. Com1lainnnts further
deny that the said o r. rolt, ms independ
cnt executor. has any power or authority
to make said proposed compromise.
The bill pruys for temporary Injunction
or restraining order, restraining the said o.
T. Holt from proceeding with the compro'
misc until hearing may he mad.
After reviewing the bill filed by the com
DlniuantS Judge l'aNlu IL. bINuul VI wv
United States court made an order directing
that the hearing Of the complainants' mo.
tIon for preliminary INJUNCTION he had
at Sherman. Texas, June u, l@u2, ana
Trrtber directed that upon the compliments
ding bond of $1,000 restraining order
be issued. to remain in force until the hear,
inr be had. The bond was filed Yesterday
and the order issued by the clerk.
Annexed TO the complainants' bill are tho
io VII ~ Elizabeth r. Rice. dated juno |,
1909 VIII Of william NJ. Rice, dated Sep
tembcr %. 1896. The agreement ms to com.
nromise between o. T. Holt, executor OF
Elizoheth h. Rice, and II. b. Rice. admin
ietrotor Of the estate OF William NJ. Rice.
This latter agreement sets out the. amounts
thnt each Of the legatees under the Eliza
beth b. Rice will is to receive In compro'
mise. =, .ho In .
yentory and apprasemcnt Of the estate ,o o.
ISiizobeth b. Rice, the latter comprising
lien naees OF legal can with Items OF
va,natlon from Si60 to Sl75.cOo,