The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-09-09
PECULIAR WILL is FILED
JUDGE WALKER REFUSES TO ADMIT
1T TO PROBATE.
signed the Document-Other Cases
in the Local Courts.

A most peculiar will was presented to
Probate Commissioner Walker yesterday
The document is entitled instructions rel
alive 10 his business affairs" and is signed
by Thomas Stott and Harriet B. Stott his
wife. The so-called will is more in the ma
ture of an agreement than anything else.
and for this reason Judge Walker refused
10 admit the instrument to probate.
Thomas Stott. stone cutter, came to this
country from Ireland some years ago and
took up his residence at S39 English avenue
Three years ago he died, and the document
since that time is supposed TO have been in
the hands of Francis Z. Woodland, of New
York, guardian of Mrs. Stott, who was a
person of unsound mind. A short time after
the death of Mrs. Stott the will was placed
in the hands of Judge Howe, who is the
attorney for the estate.
The reason given for the long conceal
ment Of the document by the interested
parties is that they thought the will was a
joint one, and that no steps could be taken
toward settling the estate until the death
of Mrs. Stott
When Attorney Burt Byers, OF Judge
Howes office, presented the will for Judge
Walkers inspection, it was indicated by
the judge that it would be necessary to
first consult the persons who had signed the
document as witnesses, and also to COM
municate with Edwin Furness, named in
the instrument as the person TO be consult
ed in regard to money due the deceased
from the United Ancient Order of Druids
and the Copley Club. of Elland. Yorkshire,
England, as he is the agent of these benev-
client organizations, of which Stott was a
member, and from which a sum of money
is due his estate.
The will is begun in most unusual man
ner. and it is thought that Francis E.
Woodard who was a minister, drew the
document. The will is in fifteen items, the
first of which indicates that 500 due from
the Stone Cutters Funeral Benefit Society
shall be paid to his wife. together with $500
due from the Sons of st. George.
A unique request in the document is that
all the tools used by Stott during his life
shall be ''raffled off," and Charles b. Sand
ers is directed to see that this is carried
out. At the death of Mrs. Stott, by mutual
consent. the will sets out gold watch is
to be given to Edwin Furness. of Burnley
road. King Cross, Halifax, Yorkshire.
Mrs. Stott. at the time the paper was
made, is supposed to have been of weak
mind. and this fact accounts for the nam
ing of Francis E. Woodland and Mrs. Han
nah Welding to look after her. Mr.. Wood.
ard was later appointed guardian by the
court.
One of the most remarkable features of the
will is the subscribing clause. After giving
all the estate, amounting to about 5000
to his wife, II closes with this agreement
'Al the above provisions are made and
mutually agreed to in the event that Mrs
Stott should Outlive Mr.. Stott If her de.
mise Is first, Mr.. Stott is left free to make
such distribution of the estate as he deems
best" The paper is signed by the marks
Of both Mr. and Mrs. Stott. two witnesses
Mary Dillon and Hannah Hanna, and the
two persons directed to take care of Mrs
Stott.