Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1904-09-10
TO BREAK CRISNELL WILL
Milton Sellers Seeks to Have j
Declared Invalid
INTERESTING POINT OF LAW

"a as WlIllag.

,aor's Wiling
What promises to be an j. t@testii &
suit over the validtv 81 the y i'll of
the late John w. Criswrll vas FL a
with Clerk Of THE Circuit Cosrt Ger.
hardt Wednesday, and vi mob bly,
come up for trial before Judge Fanlk-
ner and a jury at the DC oher term of
the Circuit court The plaintiff IN
the suit is Milton W. Sellers, half
brother of tile late Mr. Cfiswell and
his case is based upon novel and
decidedly interesting point.
As will be remembered, John W.
Criswell died very suddenly IN his
apartment at the Valley hotel about
a year ago. aud q search OF his rapers
in the vault of one of the loc9l banks
disclosed what purported to be the last
will of the decedent. 1t was presented
at the Office of County Cle-k Bender
and admitted to probete, and there
was considerable discussion at the
time over the peculiar manner in
which the testator had disposed of
his estate. variously estimated at from
$50, 600 to 100000. Under the pro-
visions OF the instrument piobated.
the bulx Of the estate, after remain
ing in the possession OF various per-
sons during the + lives. was intended
to pass to the PRESBYTERIAN church at
Failing Waters. although there were
one CT two requests which were
willed absolutely. The will was
dated only short time before the time
of Mr. Criswell's death, and was
written on the note paper of one of
the local hotels. This papeJ contaired
the name of the hotel at the top of
each sheet. with the word Martins
burg on the date line. and blank
snace on which TO write tile date.
Thus the name and day of the month,
with the figure "3'' on the year were
all that were written by Mr.. Criswell,
the balance being printed on the
paper. All the writing. with this ex-
ception. was in.the hand of Mr.. Girls
we'll.
1t is claimed by the plaintiff in the
suit that the whole date OF the will is
not in the hand Of the testator, and
it is upon this point that the action
is based 1t is new che before this
court. and it probably will go to the
supreme court of the state for final
settlement.
There are other points in the will
which, it is said, offer an opportunity
for a contest. notably those portic us
which beaueath certain parts of the
estate to the Falling Waters church.
1t is well-kown point in West yir-
GINA law that no one may leave any
thing directly to a church or eleemosy-
nary institution, and that the bequest
must take some form other than a
clause in will. So we'll is this point
established that Rev. Mr.. Leps, pastor
of the Falling Waters church. some
time ago stated that there would not
be the slightest effort on the part of
the church to obtain control Of that
portion of the est tie willed to it by
Mr.. Criswell and that il was his be-
lief that any effort in this direction
would result in failure.
Another portion of the will which
is said to be open to attack is the sem
tence reading "My last intentions"
which is construed by some to mean
that the paper probated was only a
rough draft of what he intended his
formal will and testment to contain.
However this may be, the suit will
be particularly interesting one. aud
will be followed closely by many who
knew the late John W. Criswell for
years.
Milton W. Sellers, who is the plain.
tiff, was not BENEFICIARY under the
terms of the will. although the near
est relative of the decedent and the
heir at-law. If the will is decided
to be invalid, ne will get the bulk of
the estate. ATTORNEY A. @. Maiden
bousch is the administrator. and as
such is made defendant. He and At
torney Ingles represent the admins
traitor. The plaintiff will be repre.
sented by Westenhaver & Noll, and
Faulkner. Walker & Woods.
...Ss uuxnnu,s sc.,.o,