The Kimball graphic. (Kimball, Brule County, Dakota [S.D.]) 1883-1905, 1904-08-26
WILL OF MRS. DODGE
F|ERCELY CONTESTED
A Sensational Turn Taken b,
Relatives Of Deceased
Woman.
aLLEGE UNFAIR METHODS
Charge Made That Rev. A. M. Nc.
Donald Executor and Who Is Be-
aueathed Much, Used Uneue
Influence.
UNFAIR METHODS

Sioux Falls, S. D.. Aug. 23.-The con-
Test of the will of Mrs. Abbie r. Dodge,
who died at Jacksonville, Fla, on
March 2S of the present year, has TAX
Ell a decidedly sensational turn. Mrs.
Dodge was for many years a resident
of Sioux Falls. Yankton and other
places in South Dakota. and was wide
ly known through the eastern portion
of the. state.
Copies of Florida newspapers which
have been received by old friends of
Mrs. Dodge in this city give the pres
ent status of the suit, and contain ma
terial which will De read With interest
by all those who knew her while she
was a resident of the state. The suit
was instituted by Charles H. Sweetser
and other relatives of Mrs. Dodge. and
promises to become noted in the history
of legal controversies over wills.
The defendant is Rev. A. M. Mac
Donald, executor of the last will and
testament of Mrs. Dodge, who left an
part of the estate was bequeathed to
Macdonald. The relatives of Mrs.
Dodge instituted the suit for the pur-
pose of having the will set aside. on
the grounds that Mrs. Dodge was men,
tally Incapable of executing a will at
the time the instrument In question
was drawn, and that Macdonald used
iilIGGllCe III IelNltlS llll1S0ll t1dOe
the principal beneficiary. The suit has
beer stoutly contested from the start.
Those who instituted the suit made
application to Judge H. B. Philips of
the probate court at Jacksonville. for
the issuing OF a commission to take the
testimony Of persons residing outside
the state of Florida to show hat Mrs.
Dodge was mentally incapable of exe-
cutting will. Judge Philips denied
the application. 1t was carried to an
other judge, who also denied It. and
upon a %rehearing before Judge Phil
FPS he sustained his former action.
Then 1t went to the state supreme court
of Florida on mandamus proceedings to
compel Judge Philips to issue the COM
mission.
That court ordered it to be heard by
another court. where the writ Of man.
damus was quashed. Another appeal
to the state supreme court was then
perfected. Some of the testimony in
h main case was sensational. Miss
Ida Stafford, one of the witnesses to
the document. testified hat at the time
Mrs. Dodge affixed her signature to the
will h (Mrs. Dodge had. not read the
instrument and was not aware of it's
contents. 3s-
The witness stated that Rev. Mr..
Macdonald was present when the will
making him the chief beneficiary was
signed. DR.. Edward N. Leill, who had
been Mrs. Dodge's attending physician
before and. after the signing of the will,
testified that Mrs. Dodge. at the time
the alleged will was executed. was not
mentally capable of executinga the in
strument. The testimony of numerous
other witnesses corroborated the evil
dence as to her mental condition.
The contestants made a very strong
case. and have strong hopes of having
the will set aside and the property of
the deceased distributed among the
relatives who are the rightful heirs.