The daily morning journal and courier., 1906-02-21
SETTLEMENT MADE
In Evans Estate Controversy Yester-

In Evans Estate Controversy Yester-
 day.
 Daniel w. Evans, of 117 St. John street. yesterday made a settlement with Mrs. Susan A. Jones, the nurse of 73 Lyon street, who had suit pending against him for twenty-five thousand dollars, alleging a breach of promise to marry her, and also made an agree ment of a very sweeping character with the heirs of the estate of his dead wife, Mrs. Anna M. Evans By the agreements which are filled in the pro- bate court and in the town clerks's off, flee all litigation involving MT. Evans is amicably adjusted. In her suit Mrs Jones settles for seventy-fiye hundred dollars The agreement being planned between her counsel, Harry w. Asher, and MT. Evans.
 In the settlement of the affairs of the estate of Mrs. Evans the heirs win a sweeping victory, it being agreed to virtually divide the property as if the will had been broken. It will be re- called that Mrs. Evans left all her property, except a few small bequests, to her husband, whom she married at the age of sixty-fiye, only three years before her death, about six weeks ago. The value of the estate, which is in the hands of Sheriff Durham as an officer of the probate court, is about sixty thousand dollars MT. Evans was named as executor.
 Under the terms of the settlement, which 1t is understood MT. Evans made against the advice of his counsel, State Attorney Williams and Alfred N. Wheeler, he agrees to accept two thou sand dollars in cash and one-half the estate of his wife when all the legacies and other legal debts are paid. In all he will get about thirty thousand dol lars instead of the sixty thousand dol- lars. The remainder of the estate will be divided equally between Benjamin IA. Booth and twelve other heirs who had no nearer relationship to the de- ceased than first cousin.
 The claim of MT Evans that he be made executor according to the terms of the will is withdrawn, as a part of the agreement and he files a statement in the probate court to the effect that he will agree to the appointment of Benjamin A. Booth as the administra- tor, c. t. a. of the estate. The heirs of Mrs. Evans signified their intention of fighting the will from the moment that 1t was deposited in the probate court, and it had been supposed right along that MT. Evans would insist on his rights and vigorously defend the docu ment that gave him the whole estate of his wife. It was further intimated that no settlement was likely when 1t was announced that State Attorney Will Hams had been drawn into the case. Why Evans decided to make such sweeping concessions is not explained, but it is known not to have been the wishes of his attorney either in the matter of the will controversy Or the breach of promise suit.
 With the exception of Frank s. An drew, who had Newton, Church and Hewitt for his counsel, all the heirs were represented by the law firm of Booth & Isbell.
 Judge Cleaveland has set aside three days in the probate court for the hear ing of the contests in the Evans case, and the lawyers involved told him that 1t was going to be hot fight. The settlement therefore came as a great surprise The agreement was reached before Attorney George F. Hall. acting as a. notary public. The names of Evans lawyers do not appear at all in any of the legal documents connected with the settlement. Except for the