Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-05-19
Heirs of Rev. Edward P. Vail
to Fight Request to Simp-
son College
CLAIM MENTAL lNcAPAcITY
Son and Daughter of Clergy
man Attack Will of Their Foster
Parent Which Gave College at In
dianoIa Bulk of His Estate-curious
Story.

which Rev. Edward p. Vail left abou
| SIS, 600 to Simpson College at Indianola
Iowa. has been attacked by the adopted
son and daughter of DR.. Vail in the dis
| trict court. They allege that the vii
was made when their foster father was
result of undue influence" on the part
of some of the agents of Simpson.
The petition reveals a curious story
The persons who seek to break the will
and who, it is said, will also attack the
gifts made during his late lifetime by
DR.. Vail to the Methodist Episcopal hos
pital of Des Moines, are Frank Ernest
Vail and Ella Jane Vail. who were
adopted by the minister and his wife
when they were IA years of age, on July
20, 1866. They live in Burlington, Rut-
land county. Vermont. and did not
make protest against the probate of the
Will because they did not learn of the
bequest provided for in it until too late
TO do so.
The articles of adoption are included
in the petition. They recite that the
mother, Adaline p. Smith, surrendered
to Rev. and Mrs. Edward p Vail, of
Sugar Grove township, Dallas county,
Iowa, her two minor children by her
first husband. Orrin 5. Vail, Frank
Ernest and Ella Jane Vail. She then
lived at Pawlet, VT. Fayette Potter,
Willis Henry and Henry Panis wit
messed the paper of surrender. The ac-
ceptance is also included In the papers
II was filed in the office If the recorder
of Dallas county in the presence of
James NJ. Pyers. Jan. 26. 1870. n. G.
Long acknowledged this document,
which was signed by Mr.. and Mrs. Vail.
The paper signed by the mother was
dated July 90 1866, while 1t is noted
that the date of recording the accep-
lance was made four years later.
DR.. Vail died in Des Moines at the
Methodist hospital in April. 1903 w H.
Arnold was made the executor of his
Will, which was probatea last week. The
will was one page of manuscript in
length. and recited that first the execu-
tor should pay the decedent's valid
debts; that he should next properly in
ter the maker in Greenwood cemetery
in Minburn. and properly inscribe the
erected over The grave; and
II give. devise and be-
queath all the rest residue and remain
Ger of my estate, both real and personal
Of whatever kind or character and
wherever located at the time of my de-
tease. to the board of trustees of Simp-
son College at Indianola, Iowa.
C. C. DoweH and Sidna Dowell were
witnesses of the deed.
The attorneys for the foster children, /
Who are assumed to be the nephew and |
liece of the deceased divine and his |
wife, declare in the petition filed for the |.
adopted son and daughter yesterday
hat this was not the last will and tes- |
ament of DR.. Vail; that when he made |
. he was of unsound mind: that in |
igning the will DR.. Vail was subject to (
lndue influence exercised by agents of /
simpson College, and that the docu- I
nent was not executed in accordance
With law.
The law, section 1870, provides that
no devise or bequest to corporation
organized under the chapter relating to
not for pecuniary profit or
0 a foreign corporation of a similar
ne fourth of the testators estate after
ayments of debts if a spouse, child or
aren't survive the testator."
Section 1923 of the code says that
upon the execution. Acknowledgement
nd filing for record of such instrument
articles of adoption) the rights, duties
nd relations between the parent and
hid by adoption shall! be the same
hat exist by law between parent and
hid by lawful BIRTH" The law de-
mes the form of the articles of adop-
ion.
The lawsuit is against the executor
nd the trustees of Simpson College,
ut the latter is the beneficiary.
1t is only upon the theory that DR..
all was not of sound mind immediate
, prior to his death that the gifts made
} the hospital and other institutions
an be attacked. The one given to the
ospital is thought to be amply pro-
cted because it was for the considera-
on of treatment during the remainder
I his lifetime.
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