The Elbert County tribune., 1903-04-09

The counsel for the executors Of the
stratton will and for |. Harry Stratton
have agreed on a compromise which, II
accepted by the court. will give
Young Stratton the sum of $780,
900. out OF which sum he must pay his
lawyers and settle other expenses OF
the suit.
The terms OF the compromise, and
the reasons therefore. are set forth in
the following petition submitted to the
District Court by the executors.
Now at this day come Tyson s.
Dimes. ID. II. Rice and A. G, Sharp. ad-
ministrators to collect OF the estate Of
Winfield Scott Stratton. deceased. here
tofore and on. to-wlt. the 29th day OF
October. 1902, appointed by this hon
orable court ns such administrators to
collect. and Tyson S. Dimes. d. II. Rice
and Carl S. Chamberlain. named as
executors in the last will and testa-
ment OF Winfield Scott Stratton. de-
ceased. heretofore approved and admit
ted to probate. IN this court on. to-wit.
the goth day Of December. 1909. and
Tyson S. Dimes. u. H. Rice and Moses
Hallett, trustees Of the rcsiduary estate
OF Winfield Scott Stratton. deceased. as
provided in and by the said will
And petition this honorable court
and represent and show that hereto
fore and on. to-wt. the l4th day OF
September. A. ID. 1909. Winfield Scott
Stratton. deceased. departed this life in
lei Paso county. Colorado, and that he
left at that time a last will and testa-
ment by him duly executed and pub
lished on. to-wit. the 5th day OF Aug
ust. A. ID. 1901, which said last will
and testament was duly presented TO
this honorable court for probate by
(. -, 4
Rice and Carl S, Chamberlain. and that
thereafter such proceedings were had
resulting in the probate thereof as
hereinabove stated
That prior to the probate. of said
Will, !. Harry Stratton, named in said
will as the son. and being the sole heir
at-law of said Winfield Scott Stratton.
filed his caveat and made con-
test in this court against ad-
mittiDg said will and testament
to probate. and that on the same
being admitted TO probate. as above
herein stated, said l. Harry Strntton
prosecuted and perfected an appeal 10
the District Court of El Paso county
and in said court has continued to
wage his said contest against the pro-
bate OF said Will. and TINT said contest
was assigned for trial on, to wit, the
Path day OF March. A. ID. 1903. and
that. after much difficulty and delay
and various proceedings In said court
with reference to the empanelling and
selecting of jury to try the Issues
therein. a Jury was selected for that
purpose, duly empaneed and sworn on,
to-wit. Thursday. the 2nd day OF April,
A. ID. 1903. and that said trial has pro-
gressed from that time until now and
Is still in progress; that shortly after
said will was filed for probate in this
honorable court, on petition OF the said
executors therein named. an applica-
tion was made by sa |. Harry STRAIT
ton for the appointment OF administra-
tors to collect. which said request was
granted and administrators to collect
therein appointed; that this led to a
controversy and contest resulting in
hearings and proceedings in the Dis
| trict Court OF Ell Paso county whereby
said appointment was annulled; that
thereafter. upon the application of said
executors above named. your petition
ers. Tyson s. Dimes. d. H. Rice and A.
@. Sharp. were appointed as admins
traitors to collect, and thereafter duly
qualified. and from thence hitherto
have been and now are said admins
traitors to collect.
That in and about the matter OF
biiu Cpntfft. II Hhh Deen necessary 10
make extensive and expensive prepar-
atlons for the trial thereof owing to
the character and nature OF the Issues
involved, which relate to the capacity
OF the deceased to make said Will, to
certain alleged insane and other de-
lusions and prejudices entertained by
him and to alleged undue influence ex-
| ercised over him, and as to the chaTac-
ter OF the bequests and the establish
ment of charities therein set forth,
that the duration OF said trial now in
progress is uncertain. but 1t is appar-
,ent that great numbers of witnesses
will be called and examined on behalf
OF the contestant, and that II will be
necessary to call and examine a large
number of witnesses on behalf of the
executors and proponents of said will
tmany of said witnesses being required
to come from distant states and travel
great distances and at large expense