The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-06-20
SHE LEFT A WILL
MISS CoNWAY'S PROPERTY BE-
QUEATHED TG CHARITY.
WHY SUIT WAS SETTLED.
CONWAYS NOTIFIED THE EGANs TO
PRODUCE 1T.

Termination of Case of Conway
Against Egan in the Superior
Court "A Few Days Ago Is Explain
ed-IntrOductiOn of VIII Would
Have JeOpardized the Interests of
Both Pnrties-The Instrument Now
Supposed TO Be in the Possession
of Defcndants-It Has Not Been
Filed.
Miss Mary Conway left a will in
which she bequeathed her property TO
St. Marys Orphan Home, and to other
benifciaries.
This disclosure, which is of record
in the Superior Court in the form of
a notice to produce the will, which was
served on the attorney for Michael
Egan and his wife by the heirs of Miss
Conway, explains the sudden termina
ton of the litigation over the property
of the deceased, in the Superior Court
a few days ago.
1t will be remembered that Miss
Conway and her sister, Mrs. Marie
Conway Oemler. instituted suit against
Michael Egan and his wife for the
recovery of certain realty and $1,000 in
money, which they claimed were deed
ed to Mrs. Egan at a time when the
grantor was not capable of making a
contract. The case was tried in the
Superior Court and attracted general
interest At a time when the result of.
the litigation seemed most problemati-
cal it was announced that a PROPOSE
tion of settlement had been made. Aft
er a short conference between the at
torneys for the parties litigant this
was effected.
The settlement of the case at this
stage caused considerable comment at
the time and speculation was rife as
to what induced the settlement The
introduction of a WILL in which neither
of the parties litigant were beneiciar-
les, would, it may be plainly seen, re-
suit in a very entangled situation, by
which the parties litigant could hope
to gain no immediate advantage.
The order which was served on Col.
Meldrim, as attorney for the defend
ants by Judge Twiggs was as follows:
You are hereby required to produce
before the court at the June term, on
the 5th day of June. a certain testa
mentary writing, executed by Miss
of March, 1899, drawn by Messrs.
O'Byrne & O'Connor in favor of St.
Mary's Orphan Home. and to other
beneficiaries, and delivered 10 Michael
Egan by Messrs. O'Byrne e O'Connor
shortly before the death of Miss Con-
way.
Il state in my place that have rea-
son to believe that the papers above
required are. or have been, in exist
ence; and that they are in the possess
sion. power or control of said defend
ants, and that they are material to the
issue" This notice was signed by
Judge Twiggs as counsel for the plain
tiff.
By the terms of the settlement, which
was thereafter effected the parties liti-
giant agreed to a practically equal di-
vision of the property in suit. The
charges of fraud against Michael Egan
and his wife were withdrawn. and a
verdict for the defendant taken. On
the following day a decree of the court
was passed by the terms of which the
land which had been in dispute was
declared vested in Michael Egan and
his wife. The plaintiff received a cash
settlement. so that it was possible un-
der the terms of the settlement for the
defendants to get the property. the
value of which was, with minor consd-
erations about equal to that of the
cash involved.
What will be the next step in the
case is not known. The will has not
Yet been filed for probate.