The Elbert County tribune., 1903-04-09
WILL CONTEST COMPROMISED
YOUNG STRATTON GETS $3.50, 600

and be In attendance upon rald trial
for a long period OF tmcl should said
contest continue: that II has been and
Is necessary In said trial To havo tho
services OF able experts upon the quea-
uons involved upon both sides OF Gaid
controversy; that whether or not n
verdict can be reached at aii during the
present term owing tn tho few days
remaining thereof Is n matter OF uues-
tion and grave uncertainty. and wheth-
er or not from the nature OF the issues
and the numerous dlfleuit questions to
be considered and passed npun by the
jury. the multitude OF witnesses and
the conflicting matters which will be
presented. a verdict can be reached M
the result OF said trini. should the time
be sufficient, Is also a matter OF unccr-
tainty.
And that la 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 tho
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 tho whole
scope and purpose thereof, and of the
pended in and about tho said contest
for attorneys' fees. witnesses. court
costs and other necessary and lcgiti-
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 tho legacy
therein provided to said l. Harry STRAIT
ton and certain other moneys, has
been tnken up and considered by your
petitioners with tho contestant and
others representing him. with tho re-
sult that an agreement has been en-
tered into between the contestant and
his attorneya upon the one side and
your petitioners upon The other. 10 tho
effect that there shall be paid to tho
said /. Harry Stratton. In full settle
ment, adjustment and compromise of
any and all claims made by him. the
sum Of three hundred and nfty thou
sand dollars ts350.0 .00O). including
therein all sums on any account To be
paid him. and especially tho legacy of
ifty thousand dollars ts50.000) left
him In and by said will. and thet said
Will shall be Immediately probated
upon tho verdict OF the Jury. based
upon the evidence, now introduced In
said court, which said evidence, as II
now stands. is legally sufficient to re-
quire IA verdict from said jnry and n
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
estate, and that said sum OF three hun
| Irah urd Hffxf ihnfrunnA fHQEn.
0O0) shall be in full Of any and ali pos
slble claims and demands of every
kind and nature Whatsoever growing
out OF said will. Haid 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 l. Harry Stratton or
out OF the sum TO be paid to him, and
that the court costs, including there
In such costs as may be taxed for the
jury, shall be divided equally between
the estate and !. 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
cause and the expenditures which
i must necessarily be incurred In and
|
estate OF said Winfield Scott Stratton,
deceased and tie 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, 1t is their opinion and
judgment that II Ia to the advantage
OF said estate that said settlement
should be made and approved and an-
thorized by this court. and that an
order OF this court authorizing the
same and the payneDt 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.
| (SignedD
TYSON s. DIMES,