Vilas County news. [volume] (Eagle River, Vilas County, Wis.) 1896-1927, 1905-12-04

Milwaukee, Nov. 29.-Jacob Heyl
has won the first battle in the fight for
the Schandein millions.
Judge Carpenter handed down de-
cision covering So typewriter pages,
to the effect that the last will and test
ament of Mrs. Lisette Schandein be ad-
mitted to probate. The court declines
to believe the testimony of witnesses
who gave evidence tending to prove
immoral relations between Heyl ana
Mrs. Schandein. An appeal will be
taken to the circuit court and from the
decision OF that court to 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-
pected opinion began goodly throng
had gathered in the small courtroom,
where for five long weeks the trial OF
this suit had dragged along.
Among those present were Attorneys
Charles Quarles, George G. Lines, and
T. w. Spence, lawyers for Jacob Heyl,
the prepayment of the will; j. G. Elan
ders, Gen. f. e.. Winkler, Charles F.
Fawsett and A A. A. L. Smith, attor'
neys for the contestants; A. w. Hard
guardian al Item for the Franks chill
dren, and B. K. Miller, representing
George P. Miller, guardian ad Item for
Eric Heyl.
Raps at Expert Testimony.
In his decision, Judge Carpenter
scored the expert testimony, and ex.
pressed a strong hope that the legis-
would authorize judge to call in IN
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 it had been announced by
both sides that the matter will be TAX
en- to the higher courts without delay
The attorneys for the contestants
before the reading of the decision was
concluded, had foreseen 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 more jubi
lantly, by the attorneys for the pro
ponent.
None of the parties to the celebrat
ed contest was present during the
reading of the decision, although Col
G. G. Pabst was in the courtroom with
L. J. 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 opin-
ions as "bewildering, and pronounced
them of practically no value. He held
the testimony showed Mrs. Schandein
to have been woman of fairly good
health and of bright mind.
Testimony to the effect that Mr..
Heyl and Mrs. Schandein destroyed or
secreted will of Emil Schandein after
his death was secuted by the court as
"a far fetched innuendo."
"The charges affecting relations be,
tween Heyl and Mrs. Schandein were
rejected as unproven and untrue, and
the character of Mrs. Schandein was
indicated.
with regard to the mint Of fraud the
court holds that while Heyl was un-
doubtedly the confidential agent OF
Mrs. Schandein, there is no suggestion
in the testimony of his having prac-
ticed any deceit upon her at any time.
F'The generous gifts made to Heyl by
Mrs. Schandein in her lifetime were
held not to be particularly remarkable,
considering the relation of mother-1n~
law and son-in-law 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. Schandein
had sustained through the possession
of the latter securities.
''The court held that the gifts made
co Mrs. Frank and Emil Schandein
and charged on their accounts in the
books, were never intended to be PAID
for by the recipients but that the &C.
count was merely profit and loss &C
count kept for Mrs. Schandein's infor-
nation and for no other purpose.
'The will of 1900, executed by Mrs.
Schandein and drawn by A. A. L.
Smith, was pronounced by the court
the rock on which the contestants
went to pieces it's provisions being
Lot