Evening star. [volume] (Washington, D.C.) 1854-1972, 1902-07-14
CONTEST PROBABLE
ESTATE OF LATE NATHANIEL Nc
KAY IN DISPUTE.
His Last Wife Has Title to K Street
Home and Holds Valuable
Securities.

Mrs. Jessie Pope Mckay, the divorced
wife of Col. Nathaniel Mckay, who died
last week at Atlantic City, is in Washing
ton, and, it is said, will contest the will of
her former husband when it is offered for
probate. 1t was expected that the will
would be filed today. but up to late hour
this afternoon the paper had not been Of
fered for probate.
The will was Drawn in this city last week.
Provision is made. it is understood, for the
two daughters of the testator and fer the
second wife, who now lives in Chicago. and
from whom he was also divorced. Before
Col. Mckay left the city, it is stated, he
conveyed the house at 1911 K street and all
present wife In addition to this, It is said,
she holds in her own name a number of
valuable securities which belonged to the
dead millionaire and in which most of his
money was invested
Statement of Attorney.
An attorney, formerly employed by the
deceased is quoted as follows in reference
to the family situation:
'Col. Mckay made a will just before he
died. 1t was executed in proper legal form
by his attorneys in this city and forwarded
to Atlantic City, where it was signed last
Tuesday He died the following Thursday.
In that Will he provided for his children,
his faithful secretary, Samuel Tatum, a
Santo DOMINICAN. and his second wife. who
obtained a divorce from him in Dayton,
ONO, and who IS now living in Chicago. He
made no provision for Mrs. Jennie Pope Nc
Kay, his third wife. now living in Brook
lyn. The fourth wife, who is his widow. is
amply provided for. independently of the
will he had decided to leave her his mag
nificent residence on X street. 1t is lavish
ly furnished, and had just been renovated
for the return of the bridal couple in the
fan 1t is estimated to be worth $50, 900.
Before he made his will Colonel Mckay
gift. He also decided the furniture in the
house to her. Legally l don't see how any
one can claim 1t, as 1t is hers Irrespective
of all wills. The Dewey Hotel is owned
by stock company formed by Colonel
Mckay. of which Mr.. Wiedersheim of
Philadelphia, his son-in-law is president
Ihe security is in bonds in the possession
or MI Wiedersheim, Colonel Mckay hav-
ing transferred all his holdings in these
bonds to his son-in-law absolutely Nv
own opinion is that there will be very little
estate left to be disposed of by will.
Will Defend Her Rights.
1T is stated that Mrs Jennie Pope Nc
Kay will contest any will and stand for
her rights. Legally she cannot. it seems
to me, obtain anything until she has the
divorce in Oklahoma set aside. She, 1
think, acted under q decision of the state
OF New York in refusing to accept his offer
10 compromise with her by paving her
szo."p IN cash, the fees of her attorneys
amounting to $4,000. and other expenses
OF the divorce proceedings in this city.
The New York courts hold that a decree
OF divorce granted by a territorial court is
Nold unless both parties live in that terri
tory But the fact seems to have been
lost SIGHT OF that the decree in Oklahoma
was granted nisi-that is, the respondent
was allowed SIX months in which to ask
that 1t be set aside. The period of siy
months expired about June IS last. and on
the following day Colonel Mckay was mar
ried was MAJ
On June % Col. Mckay sent his last paw
ment of alimony to his third wife. He
stated then that the six months required bv
the oklahoma courts having expired he did
not intend to pay the aIimony of s125 a
month to his third wife any longer. He con-
t1nued to pay 500 month alimony to his
second wife now living in Chicago, and
whom he has remembered in his will
The alimony which Mrs Jennie Pope Nc
Ray has been receiving was granted by the
supreme Court of the District of Columbia.
before which Col Mckay instituted pro
ceedlngs for divorce March 81. $685. but
"hich court did not grant divorce. Wills
are usually probated in the Jurisdiction in
which the decedent claimed legal residence
Col Mckay claimed legal residence in Okla
homa for the last three years
His widow will undoubtedly file his will
in Oklahoma, it would in view of the
rumors of a contest, be the most polite
thing. Admiral Hchborn Attorney Henry
F. Woodward and Mrs. Mckay the widow.
are the executors of the will. Should Mrs
Jennie Pope Mckay succeed in having the
divorce declared null she will be entitled to
dover right, irrespective of the will.
which would be about two-thirteenths of
the realty, one-third of the personally and
one-third of the income from the realty