Omaha daily bee., 1903-05-19
CONTEST PREACHERS WILL
stepchildren Lay Claim 10 Fortune Be-
queatbed to Charity and Eduoat on.
NEW PoSToFFlCE SITE IS ACCEPTED
Supreme Court Reverses Case In
Which Judgment Had Been
Rendered Against Omaha
Wholesale Firm.
lew PosToFFlcE SITE IS ACCEPTED
(From a staff Correspondents y

son college a. Indianola, the Methodist hos
pital in Des Moines and other benehciaries
named in the last will of Rev. Edward P.
Vail, the preacher philanthropist who be.
queathed large fortune to charitable and
educational institutions, must fight for the
fortune donated by the rich and eccentric
old minister. Two hitherto unknown heirs,
Ella and Frank Vail, adopted children of
Edward Vail, now residing in Vermont,
have appeared on the scene and in a petit
ton filed in the district court this after.
noon have demanded that share of their
| fathers fortune, which they claim by vir-
tue of the Iowa statutes
The action is brought by Frank z. and
| Ella ]. Vail against w. H. Arnold. exc.
cutor of the last will and testament OF Ed.
| ward P. Vail, and Simpson college and
! board of trustees 1t is somewhat sensa.
| tional, charging that Vail when he signed
the instrument was not in his right mind
and also that undue influence was brought
! by the agent of Simpson college to secure
the signature. BY virtue of the state laws.
which gives to the adopted children the
same equitable rights in an estate, and
for the other reasons mentioned 1t is asked
that the will be set aside and that judg-
ment for the full amount OF donations be
awarded the plaintiffs.
| During the residence Of the rich and &C.
centric old philanthrorist in Des Molnes It
was understood that he had no direct heirs
either by birth or adoption, though It as
known in Dallas county, his home before
| removing to Des Moines, that Frank and
Ella Vail resided with the family in Yer.
mont. Proof of their claims, however,
never reached this locality until It was
procured for use in connection with the
! litigation commenced this afternoon The
amounts donated by Vail will aggregate
something like $4,000. He iave to the
Methodist hospital at one time $4,000 in
cash and at another time lands amounting
to about that sum. His other donations
will aggregate from $4,000 to $4,000.
| Suicide Saved Life Insurance.
Ernest Friday, the hackman who COM
mitted suicide last Saturday morning on
farm north of the city rather than come
to the city to receive sentence on his con-
viction of crime, carried a policy of in
surance in the Modern Woodmen lodge for
$1,000. 1t was the intention of the lodge
| officers to bring up his case and expel him
| from the lodge as soon as he was sem
| fenced and this would have been done
Saturday night. BY anticipating the SEN
tence of the court and killing himself he
also saved his life insurance for the beneft
of his sister, an estimable woman residing
in this city. 20
Accepts PostonHce site.
Robert B. Armstrong, assistant secretary
| of the treanury,. spent the day in Des
Moines and accepted the postofice site sold
to the United States. There has been some
delay in securing title to the land, but Mr..
Armstrong now says 1t is all perfect. The
| price paid was s14994O. The site is on the
river front, in the oldest part OF the city,
and below the jobbing district Mr.. Arm
strong had not visited the city since he was
made assistant secretary nor since he was
| a newspaper reporter in Des Moines a few
years ago. He was given a complimentary
dinner at the Grant club rooms by friends
He spent Sunday visiting his parents near
Polk City.
VIII Not Buy Gift.
The city council of Des Moines today re-
fused to appropriate money with which
to purchase a suitable gift for the cruiser
Des Moines, now being constructed at
Quincy, Mass, and soon to be placed in
commission. All efforts to get fund with
which to secure gift have failed and to-
day a committee called on the city council
to ask that body to come to the rescue.
The aldermen were disposed to do so, but
City Solicitor Bremner said he would ad-
wise the city auditor that the appropria-
ton would be illegal and the city auditor
! declared he would not draw the warrant IL
the council made the appropriation. So
| the matter was dropped and a gift will be
purchased from fund raised by subscrip-
ton. The cruiser is TO be finished in few
| months.
MOrmOns Organize n Company.
Leading members of the Church Of Latter
Day Saints at Lamont Ia, have organized
a cooperative mercantile company under
the name of the Lamont Supply company,
the articles of Incorporation for which were
filed with the secretary of state today. The
capital is $4,000; John Smith, president;
Robert Johnston. vice president; r. s. SAL
yards, secretary; F. NJ. Weld. treasurer
! The Cambridge land and Improvement
company has Incorporated; capital, $4,000;
| Frank Thompson and others, incorporators.
| The Big Grove Township Telephone COM
pany has been incorporated; capital 5000;
headquarters at Garrison; by F. NJ. Ward
and others.
The Cambridge Brick and Tile works was
incorporated $4,000; by F. w. Larson ana
! others.
The wiota Savings bank increased capital
stock from $4,000 to $4,000.
The Welsbach Street Lighting company
OF Delaware has become incorporated in
lOWh II mas a ca plldl SlONh Ol eGOtUuV
The North American Investment company
of Delaware, capital $4,000, has been incor-
porated in Iowa.
An Omaha Case Decided.
! The supreme court reversed the case OF
Leo Wolfson against Allen Brothers COM
pany OF Omaha, appealed from the Potta-
! wattamie county court. This was case
In which the plaintif had a contract for
the sale of baking powder in Texas and
| Louisiana and was TO secure certain
commission on sales, lie sold something
over 100 orders and the house turned them
! down. He sued for his commission and re-
covered in the court OF Judge Wheeler.
The supreme court today held that the
jobbing house had a right to reject any
OF all of the orders and would not have
TO pay commissions unless sales were
actually made.
In the case OF Adel League against
Claus Ehmke, from PottRwattamie county,
the court upheld a verdict for damages
on account OF sales of liquor 70 the hus-
band OF the plaintiff. holding that the
liquor seller was not protected under the
mulct law.
supreme Court Decisions.
The following were the decisions Of the