The Washington times., 1902-04-07
Justice Barnard to Render
Decisions Today on
Points Made.
EFFECT ON CONTINUATION
Decision For or Against the Contestant
Will, it is Believed, Still Result in the
Case Being Fought Through to High
est Courts.

When the hearing in the Utermehle will
contest is resumed this morning in the
Probate Court Justice Barnard will an
nounce his decision, on questions of law
propounded. relative the matter at issue.
Should his decision be against the con-
testant, Mr.. Charles H. Utermehle. the
grandson Of the late George w. Uter
mehle, whose will is being contested. the
proceedings will end so far as the lower
court is concerned
In this event Attorneys r. Ross Perry
and Lambert & Baker will take an appeal
TO the Court CT Appeals for the District.
Should the decision be in favor of the con-
testant the case will be submitted to the
jury for verdict when the testimony is
closed. Should the verdict be in favor of
Charles H. Utermehle there is no doubt
that an appeal will be taken to the higher
court
The trial was commenced three weeks
ago, but little progress has been made
so far as the taking of testimony is con
cerned. Hardly a day passed that some
question of law was not raised which
was argued for hours. and in one instance
Value of the Estate
The estate left by George W. Utermehle
is valued at about s.. 0O0 600. and the con-
test over the distribution of the property
will doubtless be long and stubbornly
fought on either side.
By his will Mr. Utermehle left about
one-third of his property 10 his widow,
Mrs. Sarah Utermehle, and the remainder,
with the exception of about s65 600, to his
two daughters. Mrs Rose NJ. Taylor aud
Mrs. Mamie E. Norment. The contest
ants father, Charles II. Utermehle son
of George W. Utermehle, died when his
son Charles H. Utermehle was but few
years old. After the death of George w.
Utsrmehle in 1899, the beneficiaries as
sembled to hear his will read. 1t was
then learned by his grar.Sson, Charles H.
Utermehle, how he was provided for in
the testament. He protested. it is said,
but did not contest the will because,
he contends, he was assured by his
grandmother and his aunts that he would
be amply provided for by HIS grandmother
upon her death. This Mr.. Utermehle de-
elares was never done.
The Final Accounting.
The-final account in connection with the
settlement of the estate of George W.
Utermehle was rendered nine OF ten years
ago. 1t was not, however, until about
eighteen months ago that Mr.. Utermehle
commenced proceedings to recover what
he contends is his Just and fair share Of
his grandfather's property.
1t is contended by the defendants in the
litigation that he is estopped because OF
his acquiescence in the terms of the set
tlement of the estate and also by the
lapse of time. On the other hand it is
claimed by Mr.. Utermehle that he is now
entitled to contest the matter because of
his ignorance of his rights in the prem
ises. both to the law and the facts in
the case. When he learned his rights in
the matter Mr.. Utermehle made a tender
to his aunts of all which he had received
from the estate. The tender was, nvw-
ever, refused.
The defendants are represented by At
torneys Worthington Heald & Frailey and
Thomas w. Woodward.