The Delta independent. [volume] (Delta, Colo.) 1886-19??, 1903-04-10


for long period of time) should said
is necessary in said trial to have the
services of able experts upon the ques-
tions involved upon both sides of said
controversy; that whether or not
verdict can be reached at all during the
present term owing to the few days
remaining thereof is a matter of ques-
ton and grave uncertainty, and whetb-
er or not from the nature Of the issues
and the numerous difficult questions to
be considered and passed upon by the
jury, the multitude of witnesses and
the conflicting matters which will be
presented. verdict can be reached as
the result of said trial, should the time
be sufficient, is also a matter of uncer-
tainty
And that in view Of the circum-
stances and that the continuance of
said contest will prevent the due and
speedy administration Of said estate
in accordance with the law and the
contemplation Of said will, and will
delay and prevent the establishment
Of the charities therein provided. the
payment Of the legacies therein given
and the interference with the whole
scope and purpose thereof, and of the
fact that the sums of money to be ex-
pended in and about the said contest
for attorneys fees. witnesses. court
costs and other necessary and legiti-
mate expenses will be very great, the
question of an adjustment of said con-
test, permitting the said will to pro-
bate upon the payment of the legacy
therein provided to said /. Harry STRAIT
ton and certain other moneys, has
been taken up and considered by your
petitioners with the contestant and
others representing him, with the re-
suit that an agreement has been en-
tered into between the contestant and
his attorneys upon the one side and
your petitioners upon the other, to the
effect that there shall be paid to the
said l. Harry Stratton, in full settle
ment, adjustment and compromise of
any and all claims made by him, the
sum of three hundred and fifty thou
sand dollars ($350,000), including
therein all sums on any account to be
paid him, and especially the legacy of
fifty thousand dollars ($50,000) left
him in and by said will. and that said
will shall be Immediately probated
upon the verdict of the jury. based
upon the evidence, now introduced in
said court, which said evidence, as it
now stands, is legally sufficient to re-
quire a verdict from said jury and a
decree of the court admitting said will
to probate, and that the said contest
ant shall pay all of his own costs and
expenses for witnesses, counsel and
of other character without any claim
or right to demand or present any
application to this or any other court
for an allowance therefor out of said
slA \ 80
dred and fifty thousand dollars $780,
O0O) shall be in full of any and all pos
sible claims and demands of every
kind and nature whatsoever growing
out OF said will, said contest. heir
ship. expenses or otherwise, and that
said estate shall pay the expenses Of
prosecuting the application to pro-
bate said will without any claim there
for against said I. Harry Stratton or
out of the sum to be paid to him, and
that the court costs. including there
iHsuch costs as may be taxed for the
jury, shall be divided equally between
the estate and l. Harry Stratton.
And your petitioners represent and
show unto this honorable court that
in view of the contingencies involved
in the further prosecution of said
csnse and the expenditures which
must necessarily be incurred in and
about the same and paid out Of the
estate of said Winfield Scott Stratton.
deceased, and the advantages to ac-
crue from an immediate disposition
thereof on the terms herein set forth.
they respectfully represent and show
to this honorable court that in their
Judgment. after full consideration and
Investigation. it is their opinion and
judgment that 1t is to the advantage
of said estate that said settlement
should be made and approved and au-
thorized by this court, and that an
order Of this court authorizing the
same and the payment of said money
should be entered herein, and they
respectfully pray this honorable court
to make an order to that effect in this
behalf; and thus, as in duty bound
your petitioners will ever pray.
(Signed)
TYSON s. DIMES,