Iowa County democrat. [volume] (Mineral Point, Wis.) 1877-1938, 1905-11-30
CONTESTANTS FAIL TO BREAK
WOMAN'S WILL.
COURT RAPS EXPERTS
Hopes Legislature viii Soon Pass Law
to Authorize Judge TO Call Unbiased
Authorities-Long Decision Of Fa.
nous Case Rendered by Judge Car
penter.

Milwaukee, Nov. 27,-Jacob Hey
has won the first battle in the fight foI
the Schandein millions.
Judge Carpenter handed down a de
clsion covering 81 typewriter pages
to the effect that the last will and test
ament Of Mrs. Lisette Schandein be al
mitted to probate. The court declines
to believe the testimony Of witnesses
who gave evidence tending to prove
immoral relations between HeYl and
Mrs. Schandein. An appeal will be
taken to the circuit court and from the
decision Of that court 10 the highest
court In the land before the case is
finally decided.
The announcement that the decision
was ready was made in the morning
and when the reading Of the long eX.
pectcd opinion began a goOdly lhronG
had gathered in the small courtroom,
whore for five long weeks the trial OF
this suit had dragged along.
Among those present were Attorneys
Charles QuarleB George G. Lines, ana
+. W. Spence, lawyers for Jacob Hoyl,
the proponent Of tho viii; J. G. Elan,
ders, Gen. T.. q. Winller, Charles +.
neys for the contestants; A. w. Hard,
guardian al litem for the Franks chill
dren, and Is. X. Miller, representing
George 7. Miller guardian adj Item for
Eric Heyl.
Raps at Expert Testimony
In his decision, Judge Carpenter
scored the expert testimony and ex.
pressed n strong hope that the lcgis.
lature would soon pass a law which
would authorize Judge to call In un-
biased experts, that such testimony
might not be shaded In favor Of either
side.
No notice of appeal was given at the
conclusion of the reading Of the decis-
ion, although 1t had been announced by
both Sides that the matter Will be tax
on to the higher courts without delay.
The attorneys for the contestants,
before the reading Of the decision was
concluded, had foreseon what the
judgment of the court would be, ann
they manifested no surprise. When
the decision was finished and Judge
Carpenter had left the bench, they filed
silently out of the courtroom followed
just as silently, but perhaps moro JUDI.
lantly by the attorneys for the pro
ponent
None of the parties TO the celobrat.
cd contest was present during the
reading of the decision, although Col
G. G. Pabst was In the courtroom with
l., ], Petit.
Some important points In the Schan.
dein decision as read by the court are
as follows:
Testimony Of the expert witnesses
was virtually thrown out by the court,
who summed up the conflicting opn.
ions as "bewlldcring," and pronounced
them of practically no value. lie held
tho testimony showed Mrs. Schandein
to have been u woman of fairly good
health and of bright mind,
Testimony to tho effect that Mr.,
Hey and Mrs. Schandcln destroyed or
secreted n Will Of emil Schandein after
his Meath was secuted by the court as
"a far fetched innuendo."
The charges affecting relations he
tween lleyl and Mrs. Schandein were
rejected as unprovcn and untrue, ana
the character of Mrs. Schandoin was
indicated.
With regard to the hint of fraud the
court holds that while lIeyl was I'M
doubtedly the confidential agent ot
Mrs, SChandein, there Is no suggestion
IN the testimony Of his having prac
ticed amy deceit upon her at any time.
"rhe generous gifts madc to Hcyl by
Mrs, Schandoin in her lifetime were
held not to be particularly remarkable.
considering the relation of mother IN
law and son-inlaw in which the parties
stood.
THE transfer of the second ward
bank stock was believed by the court
to be less remarkable than the transfer
OF the brewery stock, IN view of the
losses and risks which Mrs. Schandetn
had sustained through tho possession
of the latter securities.
The court held that the gifts made
TO Mrs. Frank and emil Schandcin
and charged on their accounts IN the
books, We're never intended to be paTu
for by the recipients. but that the nc.
count was merely profit and loss &C
count kept for Mrs, Schandetn's infor
nation and for no other purpose
The will Of 1900, executed by Mrs.
Schaniein and drawn by A. A. L.
Smith, was pronounced by the court
tho rock on which the contestants
went to pieces, It's provisions being
80 nearly like those Of the latter will.