The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-02-18
WILL DECLARED GOOD
CONVENTIONS OF MRS. MCINTYRE
SUSTAINED BY JURY.
WIDOW WINS IN WILL CASE.
BULK OF ESTATE GOES TO THE
GRANDSON.

Jury Was out but n snort time
when Agreement Was Reached.
Result of Verdict is That Son OF
CavcatOr VIII Receive Property
which Would Otherwise Have
Gone to the SON and His Step
Mother Case VIII be Taken to
supreme Court.
The jury in the case of William
Rogers Mcintyre against Daisy B. Nc
Intyre after being out about an hour
returned a verdict yesterday afternoon,
establishing the will of the late Ed
ward Mcintyre. The case has been on
trial for two days, on an appeal from
the Ordinary's Court, and the decision
of the jury was awaited with unusual
interest.
The effect of the finding is that Mrs.
Mcintyre will be allowed to administer
on the estate of her husband, and that
under the provisions of the will Ed
ward Mcintyre. the son of the caveator,
will inherit the bulk of the $4,000 es-
tate left by his grandfather. A small
amount of property will go to Mrs. Nc
Jntyre, and a still smaller amount to
w. r. Mcintyre. The action of the
widow in establishing the win was con-
trary to her own interests. she receiv-
ing half if the will was declared void.
The Defaccd Will.
The proceedings have been as inter
esting as they have been unusual. The
will which Mrs. Mcintyre, the young
wife of the testator, succeeded in haV-
ing established, was very much defac-
ed the maker evidently intending TO
have it copied or changed. Pencil and
ink marks were drawn through various
material portions of it,, and in other
parts there were slips of paper with d.
reCtions on them pasted over the names
of the beneficiarieS.
The whole case showed plainly the
unpleasant relations existing between
the son and his stepmother, and dis
closed the frequency of appeals for
financial aid from the son to the father.
These appeals had, the propounder ar
sued, so exhausted the old gentleman's
patience and his purse, that it was I'M
reasonable to suppose that he intended
TO leave his son half of the estate, and
that his grandson, who by the pro-
visions of the defaced WILL got almost
everything, nothing at all.
Family Differences Aired.
1t was for the purpose of showing the
relation existing between them that
counsel for the propounder of the will
attempted to have all of the letters
which passed between the two admit
ted into evidence. Judge Barrow, how
ever, would allow none except such as
showed the receipt of a specified
amount. One of these letters was a re-
quest for $50 to defray the expenses of
a bankruptcy proceeding, in which his
son said that if his father would adj
vance him the sum he would never
trouble him again.
Col. r. l.. Colding, a son-in-law of
the testator, was the principal wit
ness yesterday His testimony was di-
rected to disproVe certain statements
made by the widow, particularly those
relative to the $4,000 advanced by the
testator to the caveator and state
ments to the effect that the young
mans actions were responsible, in no
small degree for the impairment of the
fathers health.
Was Generous Man.
The witness said that Mr.. McIntrye
was one of the most generous men he
had ever seen, and that he did not
think that the requests made by the
son had tended in any way to I'M
nerve him. The idea of the attorneys
for the caveator was to prove the
generosity of the testator, the natural
Inference being that numerous adj
vancements of money were prompted
by his generosity, and were not, there
fore, given grudgingly. Col. Colding
acknowledged that he had loaned the
caveator $500, taking as security a
paper which would be honored in the
event the will was declared void.
The arguments of counsel We're made
in the afternoon. Judge Adams, rep
resenting the widow made a forceful
argument to the jury in which he re-
ferred in several instances in anything
but complimentary terms to the action
OF the son in trying to set aside his
fathers will. Mr.. Osborne. for the
caveator, said that the intention to
destroy was prima facie and acknow-
lodged, and that the sons course in
endeaVoring to set aside a will which
was not intended by his father to be
probated was altogether most proper
course.
The case will be taken to the Su-
preme Court by the attorneys for the
caveators. Two decisions have so far
been rendered in the case, the former
decision in the Court of Ordinary hav-