Evening star. [volume] (Washington, D.C.) 1854-1972, 1902-10-31
FILING OF Mckay WILL
Order Of the Court to Be
Complied With.
SOME OF THE REQUESTS
SUM OF $25,oOo LEFT TO HIS
PRIVATE SECRETARY.
Body Servant Remembered Re-
mainder of Estate Goes to Mrs.
Mckay and Two Others.

The will of the late Col. Nathaniel Nc
Kay, concerning the provisions of which
there has been considerable speculation
since last July, will soon be placed on file
in the office of the register of wills for the
District of Columbia.
Justice Barnard, sitting for probate bust
ness this morning, issued an order requir-
ing Attorneys A. s. Worthington, Charles
c. Cole and Henry F.. Woodland to forth
with produce and file with the register of
wills for the District, the will of Col. Ma
thaniel Mckay.
1t was stipulated in the order, however,
that the filing of the instrument here should
be without prejudice to the question of
domicile.
The attorneys state that the order will be
complied with and the instrument will be
placed on record at once.
The will of Col. Mckay, which will soon
be placed in the hands of the register of
wills, is dated July I. 1902 and was signed
by Col. Mckay at Atlantic City, N. ].
1t appoints Mrs Mabel Grace Mckay,
Admiral Phillip Hichborn and Henry f.
Woodland executors of the instrument A
bequest of $4,000 is left to Samuel E.
Tatum, Colonel McKay's private secretary,
and the testators body servant, Mitchell,
is to receive $3.50. All the rest of the
estate, real, personal and mixed, Is left
to Mrs. Mabel Grace Mckay, Mrs. Eliza
beth Wiedersheim and Mrs. Harriet A.
Kneisley, Jointly and equally. The instru-
ment stipulates that if any devisee or
legatee under the will shall contest the
same he or she shall be barred from re-
ceiving any part of the estate.
Attorneys File Answer.
Just before the Office of the register of
wills closed yesterday afternoon Attorneys
Cole and Woodland filed their answer to
the order of Justice Barnard of the Pro-
bate Court directing them, together with
Attorney Worthington, to show cause, not
later than today, why they should not be
compelled to produce and file the will in
question. This order to show cause was
issued upon the granting of the petition of
Mr.. Joseph NJ Stoddard, a creditor of the
Mckay estate.
In their answer the two attorneys stated
that the will was in the joint custody OF
themselves and Mr.. Worthington and that
it had been placed In safe deposit box
at the Washington Loan and Trust Com
rany. under agreement that IT could not
be taken therefrom except by consent Of
all three attorneys. Messrs. Cole and
Woodland stated that they were ready and
willing to file the instrument. but that Mr.
Worthington had not yet signified his as
sent to such action.
Mr. Worthington presented his answer
this morning to Justice Barnard. He stated
that his reason for declining to file the will
of Columbia was because of the question
raised as to the legal residence of Colonel
Mckay at the time of his death This ques-
ton, he suggested. was likely to be an i'm
portant consideration in the settlement of
the estate.
Statement of Creditor.
Attorney A. A. Birney, who represented
Mr.. Joseph NJ. Stoddard in the proceedings,
stated that his client was a creditor of the
l., - L.
fair to the creditors that the will be filed
and administration had on the estate
As to the question of domicile, said Mr..
Birney, that could be properly decided when
the will was before the court for probate.
He considered that it was no more than
fair at this time that all the parties con-
cerned in the estate should know the con-
tents of the will.
Messrs. Cole and Woodland, who stated
that they represented Mrs. Wiedersheim
and Mrs. Kneisley, daughters of the late
Colonel Mckay. were inclined to favor the
suggestion of Mr.. Birney. Mr.. Worthing-
ton, who represents Mrs Mabel Grace Nc
Kay, the widow of Colonel Mckay, stated
that he did not wish to file the instruments
here unless ordered to do so by the court.
The court issued the order stated.
1t is expected that the filing of the will
here will precipitate the contest over the
estate which is said to be anticipated.
In legal circles the opinion is current that
when the instrument Is placed record
Mrs. Jennie Pope Mckay will begin her
contest to secure portion of the estate,
and the question Of the validity Of the d.
vorce between herself and Col. Mckay will
be an important issue in the matter.
1t is stated that the legal residence of
Col. Mckay will be matter for the courts
to decide in passing upon the legality of the
divorce
Shortly after Col. McKays death it was
thought that the original will would be
filed in Oklahoma and a certified copy
would be filed here simultaneously but
this action was not taken.