The Washington times., 1902-07-15
Informal Conference of
the [ ate MilliOnairee's
Legal Advisers.
WILL MAY BE FILED TODAY
Caveat on Part of Hrs. Jennie Pope
Mckay, the Second Wife, to Follow
Lost Testament Recently Framed
and Signed at Atlantic City.

When the will of the late Col. Ma
thaniel Mckay, who died at Atlantic
City last week. is filed for probate the
contest for the possession of his estate
will begin In earnest between his sec
ond wife, Mrs. Jennie Pope Mckay. of
Brooklyn. from whom he was divorced,
and his recent bride. Mrs. Mabel Geyer
Mckay. An Informal conference of the
late millionaire's attorneys. the legal
advisers of his widow and the executors
of his last will. was held yesterday af-
ternoon. In the instrument Mr.. Henry
F. Woodward, Admiral Hichborn, and
Mrs. Mabel Geyer Mckay are named as
executors. The will will probably be
filed either today or tomorrow, and fol-
lowing this Mrs. Jennie Pope Mckay
will file a caveat. This step has been
practically decided upon by her attor-
neys. although they are waiting before
letting their plans become known until
after the document has been offered for
probate.
The will was drafted by Mr. woodard
and executed by Colonel Mckay In At
lantic City few days before his death.
1t is short but definite and explicit.
Terms of Will.
1t bequeaths the sum of $4,000 to the
testator's colored Santo DOMINICAN Sec
retary. Samuel Tatum; 1850 to his col
ored coachman. Mitchell. and practical
ly the whole of the remainder is to be
divided equally among his two daugh-
ters, Mrs. Elizabeth L. Weidensheim, of
st. Davids, Pa, and Mrs. II. A. Kneisly,
of Guthrie. Okla, and his widow. Mrs.
Mabel Geyer Mckay. What the estate
will amount to none OF his attorneys
will estimate. 1t is said, however. that
Z large portion OF it is in stocks, bonds,
and other negotiable securities. many of
which were presented to Mrs. Mabel
Geyer Mckay before their marriage. 1t
is said to have been Colonel McKay's
desire some time ago to arrange his
affairs so that in case of his death his
divorced wife should not be able 10 come
into possession OF his property. As soon
as his divorce became operative he deed
ed to Mrs. Mabel Geyer Mckay the
handsome residence on X Street which
he had fitted up and intended to occupy
upon returning from their honeymoon.
Daughters Said to Be Satisfied.
1t is said that Colonel McKay's daugh-
ters are entirely satisfied with the terms
of the will, as they will under its pro-
visions receive as much as they would
If he had died intestate, or II his last
marriage is declared by the courts to
be invalid by reason of the claims of
Mrs Jennie Pope Mckay. The Wash
ington attorneys representing the latter
declare positively that she is not in
Washington, but on the contrary at her
home in Brooklyn. Under decision in
the New York courts it has been held
that a divorce in the Territories is in
valid unless both parties have resided
within that jurisdiction for year.
Never Lived in Oklahoma.
Mrs. Jennie Pope Mckay never lived
In Oklahoma. and it is upon this ground
that her attorneys hold that the divorce
granted to Colonel Mckay is not valid.
On the other hand. the legal advisers Of
Mrs. Mabel Geyer Mckay hold that this
plea will not be sustained by reason Of
the fact that Mrs. Jennie Pope Mckay
made no effort to have the decree vacated
within the required six months after 1t
was entered Upon the settlement OF
these legal points. to a very large ex-
tent depends the final adjudication or
the estate. For several years Colonel
Mckay is said to have paid Mrs. Jennie
Pope Mckay alimony in the sum OF Sl2o
month. his last remittance having
been sent to her on June %, the day be-
fore his last marriage.
No contest is expected from the chi
cago Mrs. Mckay. who was Colonel Nc
Kay's second wife. and was divorced
from him many years ago. after which
he married Mrs. Jennie Pope Mckay.
who was his third wife. The Chicago
Mrs. Mckay was paid alimony in the
sum of $50 a month 1t has been re-
ported that he made provision for her
in his will. but this statement is denied
bv those who profess to know the con-
tents of the instrument.