Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-10-06
THE EVANS WILL CASE
Contest Has Been in Progress
Nearly Nine Years.
HEIRS WOULD COMPROMISE
Part Taken by Philadelphia in Pro-
longing the Fight.
LITIGATION IN A TANGLE
Looks as If the Lawyers Would Get
Most of the Money Left by the
Famous Dentist.
LITIGATION IN A TANGLE
BY WILLIAM F. CURTIS.

BY WILLIAM F.. CURTIS.
Special Correspondence of The Star and the Chicago
Record-Iierald
PARIS, September 10, 1906.-The will of
the late Dr. Thomas w. Evans, the IA
nous Paris dentist, has been contested for
nearly nine years, and is still in the
French courts the civil tribunal of the de-
partment of the Seine. 1t looks If the
lawyers would get most of the money. The
heirs have all agreed to compromise and
Colonel Muller, the resident executor, tells
me that thirteen out of sixteen have been
paid their legacies in full and are out of
the case. The other three are involved in
litigation with outside parties, and their
legacies have been attached, SO that they
cannot be paid. The contest Is prolonged
only by the city of Philadelphia and the So
called Thomas w. Evans Museum and
institute" of that city for the purpose of Sc
curing the residuary estate under article 16
of the will, which was left to found a
dental institute and museum in connection
with the University of Pennsylvania.
1t was the intention of DR.. Evans to form
corporation to carry out his plans for the
education of young dentists and the estab-
lishment of a museum containing al the
presents he received from kings, queens
and emperors and other famous persons as
an incentive for ambitious boys to enter
that profession. All real estate in America
was to be sold except the property at the
corner of Fortieth and Spruce streets in
Philadelphia, where he desired the institute
to be located, and all real property in
France was to be sod except certain resi-
dence buildings, which were to be held for
twenty-five years after his death, and the
income from them was to support the in
stitute. In case this corporation was not
formed for cOuil not take
the property and carry out his instructions,
DR.. Evans placed that responsibility upon
six gentlemen whom he named as his ex-
ecutorS; and in case they were una Bile to
carry out his instructions he asked the city
of Philadelphia to do SO; and, that falling.
the state of Pennsylvania, and fipaay, If
the state refused or neglected or for any
reason failed to carry out his directions, he
gave the residuary estate to the same six
executors, their survivors or survivor, de-
claring his confidence in their friendship
and honor and his belief that they would
fulfill his Intentions. In case they failed to
do so the residuary estate was to be d.
vided among his living heirs and relations,
excepting John Henry Evans. his nephew,
who is better known as the Marquis doyle
Ga papal title), who was once student
with his uncle, but quarreled with him. and
now conducts dentai establishment of his
own in Paris. The Marquis doyle, al
though he was cut out of the WILL Is not
contesting it any longer.
The offices Of DR.. Evans, on the Rue de
Rivoli opposite the site Of the former pal
ace of the Tulleries. are now occupied by
Dr. Theodore W. Evans. a nephew, who
succeeded to the business under the will,
and has been carrying 1t on ever since.
DR.. Evans was Philadelphia Of ancient
Welsh ancestry, and was educated at JEFF
ferson College. He first settled in Lancas
ter, and then came to Paris, where he &C
quired the most lucrative practice of any
man of his profession. He not only became
the dentist of all the reigning families Of
1n,,& tl1tr n1 fria a,,1
often their confidant in many serious af-
fairs. At the fall Of the empire he rescued
the Empress Eugene from the mob, con-
cealed her in his residence, and took her
Z CO. his memoirs published by Appleton
The Evans Executors.
Dr. Evans selected as his executors Col.
Charles F. Muller Of Utica. the son Of his
sister; Horace s. Ely Of New York. his
agent for many years; DR.. Edward A.
Crane. his secretary for thirty years; Ar
thur A. Vallois of Paris. his lawyer for
many years; Rev. W. W. Heberton Of
Wayne, Pa. who married a niece, and
Joseph M. Wilson, president Of the Frank
lin Institute of Philadelphia. These exec
utors have paid something like 1,500, 600
francs to relatives who received legacies in
the will and hold in trust real estate as
sessed for taxation at $751; 26 francs and
personal property OF an dCIudl Value OF
G,2o3, 573 francs.
DR.. Evans never formed a corporation to
carry out his plans as he intended. but
since his death certain persons in Philadel-
phia have organized one and claim the
tate. They are all perfect strangers; there
is not a relative, nor friend nor heir,
nor an executor among them, and they do
not represent the University of Pennsyl-
vania, Of which Dr. Evans intended the in
stitute should be a part. This corporation
was organized for the purpose of securing
control of the funds. but the French law
will not permit that. because 1t was not
formed until after the death Of the testator,
and the courts here have decided that no
one can give property to person or a
thing that does not exist.
The executors here tell me that DR.. Evans
changed his plans shortly before his death.
He lost his wife in June, 1897, and when he
returned to Philadelphia with her remains
after an absence Of twenty years he found
that four fiourishing dental schools were
furnishing all the opportunities that would
be required for many years by dental STU
dents. Hence he decided to leave his money
to the dental department of the University
of Pennsylvania and wrote memorandum
to that effect. He died shortly after with
out making the intended alterations in his
will He left no children and only one aged
brother and several nephews and nieces, the
children of two deceased sisters. Immedi-
ately after his death the French govern
ment took charge Of the property until a
will was found. In the meantime some of
the heirs went into contest. the most Sc
rious fight being made by the Marquis
doyle who received nothing. but he was
finally driven out of court. AS DR. Evans
died without forming the corporation de-
scrIbed in his will the estate passed to the
executors, who were charged to carry out
his directions.
Philadelphia society's Claim.
But while it was tangled up in the courts
Philadelphia society was formed. OBJ
tanned charter and claimed the money.
The executors found it necessary to obtain
possession of the securities in France IN
order to pay the death tax, which amounted
to nearly a quarter of million of dollars
because, under the French law, the amount
would be doubled unless it was paid within
six months after death. The war between
Spain and the United States had JUS
broken out The market was dep.e:s I'd
and considerably more than S30O.O0O Amer
lean securities had to be sacrificed in order