The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-03-26
ODD POINT IN WILL MAKING.
DOES A SECONDW WILL, OANCELLE D
LEAVE THE FIRST IN EFFECT
Raised In . Nebraska suit on which Hangs
the Disposition Of 90, OOO' 600 Estate
Court 20 Decide where tho Second
W1l ReYOlling the First Has vanished.

VIII heYOking the Fitut has Nehisheu'
LINCOLN. Neb., March 35.-StSphen B.
Miles came 70 the West a. young man
from Baltimore, Nd, nearly sixty years
ago. He arrived with contract to carry
the Government mails over the plains from
Independence, No, TO Salt Lake City.
For Ten years he held the Job and amassed
a fortune. For time he was In partner
ship with the men who Afterward made UP
the Wslls-Fargo express company When
the war stopped the work Miles retired
with nearly 100000.
He had family Consisting Of wife and
four children, two boys and two girls
Miles himself was eccentric, and In the
early SOS there was a domestic upheaval
In bis family. The father and mother
separated, one son. Joseph, alone OF all tho
children. taking the fathers side IN the
controversy. Thereafter he was made the
favorite child, and to-day he IL enjoying the
millions left by the old man. Both OF the
daughters have died. The older son,
Samuel. lives in a suburb Of Lincoln.
As Miles grew older an estrangement
occurred between him and Joseph. The
old man was Of econ omical habits, and even
after great wealth came 10 him he hus-
banded his dollars carefully. He supplied
Joseph with capital 70 engage IN the bank
ing business in Falls City, Neb., the family
home in later years. but when the young
man as be became prosperous insisted
upon enjoying life his father objected.
Joseph built himself fine home and pro-
ceeded to spend his income as a man OF
wealth should This was not to the liking
Of the father; and his protests being I'M
needed, he left his sons home. Thereafter
he lived in second class hotels in various
cities Of the West
As be grew older he lost some Of his bitter
ness toward the estranged children, and in
the last two years Of his life he renewed
friendly relations with them He died in
1897 in one Of the hotels where no had
temporarily established himself.
After his death q search was undertaken
TO discover IL he had left a will. Weeks
were employed in the quest, and finally
Joseph unearthed in a closet INA small
hotel IN the country town Of Rulo an old
satchel in which was q will executed in 1888,
making Joseph the sole legates. 1t was
offered for probate.
The other son Samuel was confident
that a later will had been executed, and
he began a search for the missing docu-
rnent In hotel In st. Louis he discovered
two men, one Of them the proprietor, who
said they had Witnessed will for old Col.
Miles in 1897. With the contents Of this
document they we're unfamiliar, their part
in the transaction being merely to witness
his signature.
Samuel engaged half a dozen lawyers
prominent in st. Louis Kansas City, Lin
ooln and Falls City. They began a con-
test Of the will proposed by Joseph, con-
tending that be had suppressed the later
will and substituted the older. Upon this
point they have never been able to secure
Every lawyers office in st. Louis was
invaded In the hunt for the man who had
drawn the will. but without result re-
ward Of $1,000 was offered for him II he
could prove its contents.
Joseph Miles. convinced that there was
a conspiracy 20 break the will and deprive
him Of the greater part Of the fortune left
10 him, engaged one Dell Harbaugh,
detective, to call upon the attorneys for
the contestants and represent himself as
the man who drew the missing will. HaT-
baugh's story was believed and he out
lined a will which was committed 10 paper
and offered as n copy Of the lost document.
The attorneys swere entirely unaware OF
Harbaugh's employment by Joseph Miles.
and when he took the stand as a witness
for the latter, they were dumfounded.
Harbaugh gave a oircumstantial account
Of his dealings with the lawyers and swore
for Samuel Miles bad admitted 70 him that
there was a conspiracy to break the will.
Ringolfsky Indignantly denied the story
received $40 600 from Joseph Miles to prove
conspiracy. His admission Of his inn
posture. however, left the contestants
without the needed testimony 20 sustain
their cause, and they failed in the courts.
the case was that insufficient proof had been
adduoed 10 show a revocation or that the
second will was even inconsistent with the
other will, and that since the st. Louis
will could not be found the presumption
was that Miles had destroyed IL, leaving the
Rulo will as his last testament.
Within the year allowed for a new trial
Mr.. Cannon in st, Louis informed the
contestants that he had discovered the
whereabouts Of the lawyer who had drawn
the Sc. Louis will. He was Paul T. Gadsden,
and subsequent 10 making the draft he
bad gone 70 Mexico and was still there
He was found in a remote mining district
900 miles south OF the City Of Mexico. He
told frankly OF having made the will for
Miles, and came back and made deposition
20 the circumstances This was offered in
support Of the motion for a new trial. The
District Judge decided that IL was not suf-
hciept ground for q new trial, but upon
appeal the Supreme Court has ordered that
his testimony be admitted
Gadsden's story details an interesting
set OF circumstances He was unknown
W Alte idLAtls Nllllt ON n WISH 70 a
safety deposit vault, where he had SiO0, 900
in Government bonds, was seized with the
idea Of making a will. He went into the
nearest attorneys Office which proved TO
be Gadsden's. The lawyer made a memo
randum Of the disposition Of the property,
and had his typewriter copy il. Being
in doubt about the form OF revocation he
went into an adjoining law ONCE and asked
advice.
The accommodating lawyer. Judge Wing,
was found and ooTrobOrated Gadsden'S
story about the will, recalling the croum-
stances from certain questions asked The
stenographer was Hho found and remem-
bered about IL, finally digging up the memo.
randum, This was found 10 make an equal
distribution among Miles's children, the
heirs Of the two daughters being remem.
bered equally with the sons.
Whether the court finally admits the 81.
Louis will OF not is regarded as immateriAl
by the contestants, They insist that the
law h. that where person having made a
Will Rfterward makes another containing q
clause expressly revoldng the former will
sven though he destroys the second will