Omaha daily bee., 1905-06-30
WHERE is The WINCH WILL?
Question Heirs and Attorneys Would Like
TO Have Answered.
LAST SEEN IN E. E. THOMAS HANDS
Estate once Thought TO Have Been
worth Fifty Thousand Dollars
DwindIes to Half that
Amount.

The beginning OF another reef in the sf-
fairs OF the estate of the late Seth F. Winch
was had in Judge Sears court yesterday
afternoon before jury examined with
great care.
This is the case with missing will, the
document having been last seen in the
hands of Elmer f. Thomas, when he was
deputy county attorney, who stated that It
has gone from his possession in what man
ner and to what place he does not know.
The Winch estate, once thought to have
been worth upwards of $4,000, has now
dwindled to about half or less Of that sum,
II is said; nevertheless, a determined fight
is under way to settle on the disposition of
what remains. Mr.. Thomas appears with
Attorney T. j. Nolan on behalf OF the
children of Winch, who are interested in
having the will refused of probate, and
therefore in its nonappearance.
On the other hand is a large sized battery
of counsel representing various legatees
under the alleged will w A. Saunders ami
j. L. Haley appear for the executors, A. l..
Reed and Rev. f. w Foster, and some Of
the legatees; L. d. Holmes for the Open
Door Home for Unfortunate Women, to
which was bequeathed $1,000; J. G. Wharton
for the Old Peoples Home, to which was
left a similar amount, and Charles Clapp
for the Home Of the Friendless, likewise
favored. This side is trying TO get the al
legged will admitted to probate on appeal
from the county court. where the copies
submitted were deemed insufficient
Some of the Benencinries.
Under the will Miranda J. Steen, the sec
ond wife Of Winch, came in for the use
and rent Of two flats at Twenty-fourth and
Spencer streets and legacy of $50 a month.
F. W. Foster would receive $50, Stella Dick
enson Of Kansas City $780, Mrs Sallie Ram
sey and Mrs. Hannah Alden of Chicago and
Boston, Mass, both relatives OF the de-
ceased, 5000 and 5000 apiece. II anything
is left after the apportioning of these and
other bequests It would go to the children
OF Mrs. Elvira Aldrege and Mrs. Emman s.
Olton. and a grandchild, daughter of a de-
ceased daughter, Irene F. Sweet, all of
Providence, r. l. All that remains of the
estate now, 1t is stated, is a number of
houses and lots in Omaha, and 1t is doubt
full just how far 1t would go.
Winch died in Omaha in 1899 at the age of
n years. He came west in 1875 and settled
at Logan, Ia, accommodating a considerable
fortune in money lending and real estate
He came to Omaha on the crest of the boom
wave I'm 1887 and followed the same business
here.
Wife Secures Divorce.
He was never Joined in the west by his
wife, Sarah NJ. Winch, now dead, or his
three daughters. In the early '9Os he en-
tered suit for divorce from Sarah NJ. Winch
at Plattsmouth, Cass county. Mrs. Winch
filed a cross-petition, and a divorce was
granted to her in 1892 and the court granted
md In fnnc
all to about $4,000. including a $4,000 home
stead In Providence. Shortly after the di-
vorce was obtained Winch went to Council
Bluffs and married Miranda ]. Mitchell,
who had been his housekeeper at Twenty
fourth and Spencer streets since 1888. The
will which the proponents are endeavoring
to have sustained was made November 81,
1891, or before the second marriage or the
divorce. 1t bequeaths to the first wife and
her children all the testator's property in
Providence and a clause stipulates that IL
a legatee shall contest the will he shall
lose his portion.
1t appears that shortly after Winch mar
ried Mrs. Mitchell he conveyed to her all
his property of every kind. After he died
the eastern heirs started litigation in Ne
braska which resulted In these conveyances
being set aside and the decree of divorce
lIOul otTdH M winch declared Invalid ana
the second marriage therefore illegal.
Ignorant of Alleged VIII.
AS a reason for failure to attempt to
probate the alleged will, or the copies of it.
until comparatively recently. the propon-
ents set up that Mrs. Steen this being the
second Mrs. Winch's present name having
married again, did not know of the willis
whereabouts, although she was aware that
1t had been made. The first time she saw
1t after her husbands death, 1t is claimed,
was in the grand jury room and in the
hands of Elmer e. Thomas, then an as
sistant county attorney. H. j. Norman
of Logan Ia, attempted to but did not
secure the indictment by the grand jury of
Mrs. Steen on the charge that she traded
or disposed to him property that did not
rightfully belong to her from the estate.
In the county court Norman gave excuses
for not probating the will as did Thomas.
They testified that each had made copies
fearing something might happen to the
original document. This did happen, ac-
cording to Mr.. Thomas statements, and
he related that the will mysteriously dis
appeared from his custody. The county
court rejected the copies and the proponents
are now endeavoring to have them pro-
bated. saying they have more and stronger
evidence than before.
The protestants to the probate of the will
announced they would show that Mrs.
Steen herself brought the Will to Norman
at Logan before Winch died and placed it
in his keeping. Further, that she did not
rely upon the will, but upon her deeds, as
to the possession of the property, and that
she had Il masterful influence over Winch