The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1905-07-08
DODGE Will CASE
IS DECIDED
AGAIN
Rev. A. M. Mcdonald, ct ais Wins
Another Decision in Famous
Jacksonville Case.

The Jacksonville Metropolis says:
Rev. A. M. Macdonald and others win
again in the Dodge contested will case.
Judge Call, in the Circuit Court, this
morning affirmed the decision OF
Henry B. Phillips, probate judge,
which was appealed from the probate
court to Judge Call.
Judge Call took his seat on the
bench at 10 O'Clock, with a number of
attorneys present, and said:
Gentlemen, in the case of Sweetser
ct al, in the petition for setting aside
the will of Abbie r. Dodge, the court
has spent long time and worked hard
In going through the records and briefs
and have come to the conclusion
that the judgment of the lower court
should be affirmed"
History of the Case,
The matter of the petition for revo-
cation of probate of the last will and
testament of Abbie r. Dodge, deceas-
ed, has been for the past thirteen
months before the probate court and
the Circuit Court in one form and
another. To-day the decision was on
appeal from the decision OF Judge
Henry B. Phillips, of the probate
court.
The petitioners for revoking the will
are: Charles H. Sweeser, of San dc
Fuca, Whidbey Island. Washing ton;
Eliza Lowell Haley and Mary r. Low
eli, Of Bucksport, Me-; Kinney C..
Lowell, of Boston, Mass; Abram Low
ell. of Abram, Wis, contestants, and
Simeon Dadd and Mary E. Smith, of
Bucksport, Me-; Frank +. Cullens. of
Jacksonville, Fla; Caroline Gillett, of
Sioux Falls, S. D.; Marion Fletcher
Macdonald, Mrs. A NJ. Macdonald
and Rev. A. NJ. Macdonald. her hus-
band; Rev. A. NJ. Macdonald in his
own right, Rev. A. NJ Macdonald as
executor of the last will and testament
OF Abbie R. Dodge, deceased, are con-
testees.
Mrs. Dodge died in this city on
March "a, 1904, in the 9th year of
her age, possessed of property esti-
mated to be worth from $3.50, 900 to
100000. both personal and real, a half
interest in the Windsor Hotel. in this
city, being one of the assets. Mrs.
Dodge made a will on January p,
1903, and it was filed for probate on
Z.
on May. IA, 1904, to revoke. and much
evidence has been ELECTED since by
contestants and contestantees, the rec
ord showing 1878 typewriter pages
Judge Phillips on March "a, 1905. de-
fcided by order ~that the probate or the
will granted on the 21st Of March, A.
d. 1904, be and the same is hereby
confirmed"
The Attorneys in the Case.
Able arguments were made by the
attorneys at various stages of the pro-
ceedings by Alex. St. Clair-Abrams
and Gibbons & Maxwell for the revOk-
ing or contestants, and c. d. Rine-
hart and E. P. Axtell against the re-
voking or for contestees.
The attorneys for petitioners gave
notice this morning that they would
now carry the case to the Supreme
Court for final action.
The Principal Beneficiary.
The will bequeaths most of the prop
erty to Rev. A. NJ. Macdonald and
family. of Bar Harbor, Me. Mr.. Mac
Donald was formerly pastor of the
Congregational Church in Jacksonville
and a devoted friend of Mrs. Dodge,
she being a member of his church,
and was with her much of the time
of her last illness.
The petitioners to revoke the will al
legged that Mrs. Dodge, at the time of
the making of the will, was incapaci.
tated by mental and physical weak
ness to execute it or any other docu-
ment. and that Macdonald used undue
influence upon deceased in bequeath-
ing the property, etc.
The attorneys for the contestants
feel very happy over this second vic
tory in the trial.