The Sauk Centre herald. (Sauk Centre, Stearns County, Minn.) 1886-current, 1902-08-14
THE MOORE WILL DECISION.
THE DECISION OF THE DISTRICT COURT
AFFIRMING THE HOGAN WILL.
NO SUBSEQUENT WILL EVER MADE.

The following is the full text of
the decision of the District Court
in the now famous Alexander Moore
will case, which will be read with
interest:
STATE OF MINNESOTA, GO H.
County of Stearns. "
In District Court-Seventh Judicial
District. s
In the Matte, Of the Estate Of A.
ecooder Moore, deceased: d.
The above entitled matter being
an appeal by Carrie Vinie from the
order of the probate court of Stearns
county, Minnesota, bearing date the
18th day of February, 1902, allow
ing and admitting to probate and
record the last will and testament of
Alexander Moore, deceased, which
said last will and testament bears
date the 26th day of February, 1891,
duly came on for hearing and trial
at the general May, 1902, term of
said court, without jury; appel
lant's motion to submit certain is
sues therein to ajury having been
denied by the court, and the testi-
mony therein having been duly tax
en- by and before his honor, Judge
D. B. Searle, who at the close there
of announced that Judge l.. L. Bax-
ter would sit with him and hear the
final arguments therein;
By agreement of all the parties
thereto, the same was set down for
final argument and submission on
July 3lst, 1902.
At the time stated the contestant
appeared by her attorneys, M'ssrs.
Reynolds & Roeser, J. D. Sullivan,
Esq. and O. J. Vaule, Esq, and the
proponent by Theodore Bruener,
ESQ. and George w. Stewart, Esq.
Before the commencement of the
argument it was suggested by coun-
sci for contestant that probably the
best course to pursue was to first
take up, argue and submit for deci-
sion the question of fact as to
whether the above-named Alexander
Moore, deceased, ever executed a
will subsequent to the one sought
to be probated in these proceedings,
revoking and annulling the will
herein sought to be proved and es-
tablished; it being stated by coun-
sci that should the court find no
such will was executed, that long
argument of legal questions might
be avoided. The suggestion made
by counsel having met with the ap-
proval of the court, thereupon coun-
sci for proponent announced that
they disclaim, and desire to have
their disclaimer made a matter of
record, that the evidence as to the
declarations of the deceased Alexan-
der Moore, testified to by witnesses
Waterbury, Wilson, Huffman, Carr,
Fenton and others, was admissible
on the question of the execution of
a subsequent will, and requested the
court to disregard the same in con-
sideration of the question. Said
disclaimer was thereupon noted by
the court, and the court announced
that said declarations would not be
considered upon the said question
of fact. -
Thereupon argument was made
upon the question of fact involved,
for the contestant by j. D. Sullivan,
Esq, and for the proponent by The
odore Bruener, Esq, and submitted
to the court for decision.
The court having taken the said
question of fact under advisement,
and having announced from the
bench that the court found as a mat
ter of fact that no subsequent will
revoking the will admitted by the
probate court of Stearns county as
the last will and testament of Alex
aeder Moore, deceased, to probate
was ever made by said Alexander
Moore, deceased, and that this find
ing of the non-execution of subse-
quent will was made, not upon any
legal grounds involving the question
of the sufficiency of proof, whether
or not an alleged subsequent will
was properly signed or attested or
proven according to statutory re-
quirements, but that said finding
was based upon the broad ground
that the evidence on the part of the
contestant was, in their minds, en-
tirely insufficient to justify the
court to find as question Of fact
that Mr.. Moore ever made subse-
quent will.
Thereupon counsel for contestant
announced that thew had NOTHING