The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-10-04
AGAINST THE EXECUTOR.
VS. HE DECEIVED HIS ILLITER-
ATE MoTHER-IN-LAW.

,,,,eu She Asked Him to Bring Her
wiu in Order That She Might
purn 1t Up, He Handed Her a False
paper, say the Heirs-Tkis She De-
.+roved Under the Impression 1t
Uos Her WiII-NOyv the Instru-
ment Is Produced by the sOn-in-
,w and Executor, Who Wants 1t
PrObated.
sensational petition, embodying
,harees of deception and fraud, has
been filed in the Ordinarys Court. In
which it is alleged that Francis X.
rourtenay, by presenting a false pa
nor TO Mrs. Mary Barrett. for her to
hrn a short time before her death.
lad her to believe that she had de-
stroved her last will and testament.
whereas the will was all the While In
his possession. 1t is this will which
tbe heirs of Mrs. Barrett say he is now
trying to probate.
The petition is in the form of a ca
veat to the probating of the will, which
was filed in the Ordinary's Office on
the day following Mrs. Barrett's death.
The persons Directing to the PROFOUND
ing of the will, are Mrs. Ella V. SUIT
clffe, Mrs. Deborah E. Cunningham
md Edward Barrett, children and heirs
at law of the testator. They claim that
their mother died intestate, and that
they are entitled to the estate. The
l.. III
Deceived MOther-in-Law.
The caveat sets forth that the docu-
ment presented for probate is not the
will of their mother, she having died
without leaving a will, which repre-
sented her wishes in the disposition of
her property On Jan. 81. in the pres
ence of Mrs. Sutcliffe. Mrs. Cunning
ham and Mrs. Mona Courtenay. the
petitioners allege, their mother sent
for the instrument now sought to be
set up as her last will and testament,
and a paper was brought to her by
Francis X. Courtenay, and handed to
her as her will, the instrument having,
prior to that time, been in the keeping
of Mr.. Courtenay.
Mrs. Barrett took the paper and
threw it into the fire, at the same time
end of all the dispute about my Will"
The children say that their mother
thought she was destroying her will.
when, in truth, a deliberate fraud had
been perpetrating upon her by the sub
stitution of a different paper, the tesla
tor being illiterate and unable to read.
Since then, the petitioners declare,
Mrs Barrett told several persons that
she had burned her will, and that all
her children would share equally in
her estate. Twiggs & Oliver are look
ing out for the interests OF the cavea-
tors.
Provisions of VIII.
The will was filed June "a. one day
after the death of Mrs. Barrett. BY
its provisions all the property is left
to her daughter Mrs. Nora Barrett
Courtenay, wife of Francis X Coui--
tenay, and her son, Thomas Barrett,
share and share alike ~, The nomifat-
ing clause of the win clothes Francis
y. Courtenay with the powers of eX-
ecutor. and relieves him of making
any reports or returns. The will was
made Jan. a. last, and when its, con-
tents became known. there was dis
sension and pickering. This .culminat-
ed in Mrs. Barrett's determination to
destroy the instrument, it is alleged.
The matter will probably come UP
for a hearing this month, and it is
expected that the trial will be produc-
tive of other interesting and sensation
al developments. O'Connor, O'Byrne
and Hartridge appear for the executor
and propounder.