Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1903-10-08
WINNER WILL CONTEST is AT
LAST BROUGHT TO A
CLOSE.
LONG AND HARD FIGHT
Late John N. Winner Left Bulk of
Property to Two Sons and Contest
E1sues-New Gases Filed-Jury for
October Term of Court.

From Wednesdays Daily.
The Winner will case. which was be-
gun Just three weeks ago today, went
to the jury this morning at 9:45
o'clock and as the Courier goes to-
press the jury is still out. The testi-
mony was completed yesterday after
noon and Attorney George Baker of
Hedrick, one OF the attorneys for the
contestants, made an argument to the
! jury. When court convened this
morning the proponents rested their
case without argument and the case
went to the jury.
Parties in the Case.
The will of the late John N Winner,
| which was contested by his grand
children was made October II, 1902
Mr.. Winner died March 81 of this year
| j. r. Brooks, the executor of the es-
tate and Mart and Charles Winner, the
legatees, are the proponents in the
case upon which the jury is deliberat
1 ing, and Elmer Neff. Chas Neff, Bron-
son Neff. and Mrs. Della Neff Lawson
/ children OF the deceased daughter of
| the late Mr. Winner are the contest
ants.
Provisions of the Will.
The late Mr. Winner owned two
4 farms. near Hedrick, and several
4 town lots in Hedrick BY the provis-
i ions of his will one of his farms, es-
4 timated to be worth $4,000, was be-
4 queathed to his son, Mart Winner. The
other farm went to the other son,
! Chas. Winner and is estimated to be
worth $4,000. One thousand dollars
and four lots in Hedrick were to be
equally divided among the four grand
children. The entire estate is valued
at about $4,000.
\, Grounds For Contest.
4 The contestants claim that the
grandfather was mentally incompe-
tent when the will was made out and
: they further claim that undue infiu-
} ence was used by Mart Winner over
his father when the will was being
prepared About fifty witnesses were
subpoenaed in the case and hard
fought legal battle has been waged
: between the attorneys for the pro-
ponents and contestants. The attor
: neys for the proponents were J j
Smith, W. w. Cory and A. G. Steck
! The contestants attorneys were VIM
McNett and George Baker.
$ Jurors For October Term.
The August term of the district
! court closes next Saturday and the
: October term commences Oct. 10. The
/ following petit jurors were drawn
: this morning for the October term:
: James A. Brown. ]. Crawley, c. c.
Chance, J. NJ Frost, w. F. Hash, Jas
! Hamilton, E. B. Jones, F. NJ. Kelsey
A M. P. Maloney. S. B. Morris, ]. l.
Pickens, Jesse Rutherford. G. l.. Wal
ker. A. w. Sullivan, Edward Scully
E. c. Toland of Ottumwa; Frank Bow
en-. Chillicothe; L. E. Crawley. Eddy
: Vile; j. d. Funk, Kirkville; J. P. Haw
thorne, Hedrick: M. E. Minear, G. j
! Nicholson, Eldon; Frank Smith, Nun
r terville: R. ]. Searles, Agency.
+ Best VS. w. H. Lint.
Mrs. e. j. Best. through her attor
:. !. neys, Jaques & Jaques, filed suit tc
> day in which VIM. H. Lint, Rache
: Lint, Peter and Mary Nelson and DR.. J
:. F. Newell are named as defendants
The plaintiff claims that she wa
awarded Judgment in the sum Q
1920 against the defendant, w. II
Lint some time ago, and that he after
q wards purchased some lots in Agenc
from the defendants, Peter and Mar
Nelson, transferring the property t
: his wife to defeat the Judgment. Sh
II states that she understands that MI
n Newell has lien on the property c
S the defendants, W. HI. and Rachel Lin
!, and she prays that the court find tha
his interest is Junior and inferior t
: hers. She asks that the property b
0 sold to satisfy her Judgment.
: Divorce Case Filed.
VIM. Crawford fled case today
which he asks divorce from his wifi
Lucy A. Crawford, on the grounds {
:. desertion. f. K. Daugherty is tn
W plaintiffs attorney.