The Savannah morning news., 1903-02-17
FIGHTING HIS WILL
WIDOW OF EDWARD MCINTYRE
TELLS OF STRAINED RELATIONS
BETWEEN FATHER AND SON.
PRODUCES LETTERS OF A sENsA-
TIONAL NATURE.

/
Mcintyre is Productive of Addi-
tiOnaI Interesting Features - Mrs.
Mcintyre said That Her Husband
Apprehended "A Contest by His
SOn-Letters PurpOrt to show Ere
quent Announcements Some OF
Them AdInitted in Evidence.
There were plenty of interesting de-
| velopmonts in the trial of the Mcintyre
will case in the Superior Court yester-
day, when the propounder of the will,
Mrs. Daisy B. Mcintyre, introduced in
! evidence "A large batch of letters writ
to the probating of the will, to his
father, Edward Mcintyre.
These letters were rather sensational
! in charac ter Many of them were not
allowed to be admitted in evidence, the
court ruling that they We're irrelevant.
| though quite a number will go to the
jury. These letters indicate the rela-
ton existing between father and son
growing out of the Iatters frequent ap-
peals for large amounts of money.
Il publish them here to the world at
the request of his father" said Mrs.
Mcintyre. in answer to a question
while on the witness stand. He recog-
nized before he died that his son might
contest his will. and he told me that
If he should ever be so forgetfuI of
mis- ktndnesses to him in life, not to
spare him the modification of produce
ing the letters in court"
Secured 100000.
Mrs. Mcintyre testified that the son
had, from time to time, secured money
from his father amounting to $40, OOO.
She said that her husbands funds fin
ally became so limited that when the
matter of his sons impending bank
ruptcy was brought to his attention he
said that he was not able to forestall
1t. There was other evidence of even
more sensational sort.
The litigation began in the Court of
Ordinary last November at the time
the will was admitted to probate. Mr..
w. R. Mcintyre, the son of the tes-
tator filed a caveat to it's probate il
which he set out that the instrument
offered for probate was not the last
will and testament of his father, but
that his father died intestate. The
contentious of the caveator were sus-
tanned on the hearing before the Or
binary, and Mrs. Mcintyre appealed
the case to the Superior Court where
it is now being heard before a jury
The instrument offered for probate
had been executed with the necessary
formalities of law. At some time after
its execution pencil lines had been
drawn through many material portions
of it and through the signature of the
maker as well as through the names
witt f,;Y ffx,r g
the will were concealed by slips of pa
per pasted over them, and on several
of these slips words indicating in
struction, such as leave two lines"
were written. At the end of the will,
below the names of the witnesses,
three names had been written in pen
ell.
Altered by His own Hand.
The testimony showed that the MAX
er of the will had, with his own hands,
made the pencil marks and written
the three names, and at his request,
and by his direction, the slips of paper
had been pasted over the face of the
will. That it was his expressed inten-
ton to make a new will is an uncon-
troverted fact, and the inference is that
he made the erasures and additions
for the direction of the scrivener who
was to draw ND his new will.
The question before the jury is
whether or not Mr.. EScIntyre intended
that the old will should be his last
will and testament in the event he
never had the new will drawn, or
whether it was his intention to cancel
the will which is now exhibited in
court.
Bulk of Estate TO Grandson.
BY the provisions of the will Edward
Mcintyre, grandson of the testator,
and son of the caveator, receives the
bulk of the estate, which is valued at
about $4,000, while Mrs. Mcintyre, the
widow, receives a small legacy. The
son, w. r. Mcintyre receives an even
smaller bequest. Mrs. Mcintyre has
appealed the case because she be-
lieves it is her duty to carry out what
she believes is the will of her hus-
band. Her position in the matter is
hostile to her own interests, as the
setting aside of the will would make
her one of the two heirs at law,
whereas, if the will is probated she
will receive only a small share The
setting aside of the will would hurt
the teStator's grandson, who would in
herit nothing in such an event
The hearing of the case occupied the
attention of the court throughout the
day All of the evidence had not been
introduced when the court took a re-
cess at 6 o'clock until 10 o'clock this
morning, when the remaining evidence
will be introduced and the case will
be argued to the jury. The arguments
promise to be very interesting Many
ladies attended the hearing and evinc-
ed much interest in the proceedings.
Osborne & Lawrence represent the
caVeator, and the propounder is rep
resented by S. B. Adams.