Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1907-10-01
CONTEST OVER COUNTS WILL
Legal Dispute Arises on the Benefae-
tons Of Creighton.
SEVEN HEIRS ASK MORE LIGHT
Those Not Mentioned I'm the Testa-
ment File Petition in Court
for Construction of the
Document.

John A. Creighton will will be started In
county court Wednesday. when w. II. De-
France, representing seven heirs not men
toned in the WILL will file petition ask
ing for the construction of the document.
The other heirs and the executors are ex-
pected to file similar petitions within few
days, and the question then will be before
the court. 1t is probable hearing cannot
be had before November.
The bequests Of $4,000 to st. Joseph hos
pital, of $4,000 to the House of the Good
Shepherd Of $4,000 to the Little Sisters of
the Poor and $4,000 for the establishment
of working girls home, will be attacked
in the petition to be nled Wednesday, and
It is expected the Creighton university be-
quest will be assailed in a subsequent pc
tition to be filed by some Of the heirs
named in the will.
The court also will be asked to construe
the thirteenth clause OF the will, which
provides the residue of the estate shall be
divided among the benehciarles in the pro-
portion of the benefactions awarded by the
will II is asserted by the heirs that a
proper construction Of this clause would
leave an undivised residium to be divided
among the heirs, while the institutions
receiving gifts contend that under It the
entire estate not specifically devised should
be divided up among che benefciaries.
Ground of Attack.
The attack on the st. Joseph hospital
benefaction will be based on the ground
that when the will was made and at the
time of Count Creighton's death the laws
Of Nebraska provided organizations char
tered as charitable institutions may not
hold more than 100000 worth Of property.
At the time of Count Creighton's death st.
L.fl ~ n z
cess of this amount and the heirs contend
II could not receive the oenefaction. The
law has since been changed. but the heirs
contend the old law will govern. 1t is
doubtful whether the heirs can raise this
question or not, or whether the state Is
the only party that could protest against
the reception of the gift. This mooted point
will be threshed out in court. The same
objection will be made to the bequest or
$4,000 to the House OF the Good Shepherd,
the same conditions applying.
The gift Of $4,000 to the Little Sisters OF
the Poor will be attacked because of the
language OF the clause in which 1t Is made.
The will provides the gift shall be made
by the executors when the society shall be
established in Omaha. The heirs contend
under an old English law benefaction
which has no time limit within which 1t
shall be paid OF which is not required 10
be paid within the life of some living per-
son is void and cannot be paid. 1t is con-
! tended the benefaction to the Working
Girls Home is void for indefiniteness. The
will provided that $4,000 be set aside for
| the establishment OF working girls home.
but did not provide and plan for the or
ganfkation OF the home nor appoint any
person to formulate plan. 1t is con-
| tended the wording of the clause is SO In
definite as to be void.
! Attack on University.
Mr.. De France who represents the six
McCreary heirs and Mrs Shelby will not
attack the Creighton university benefaction,
but il is understood other heirs will. The
ground for the attack will be that Count
Creighton intended that gifts made to the
university after the drawing of the will
! should be deducted from the benefaction in
the will. An attempt will be made to show
that he told various persons this was his
intention and that he had taken the will
out of his strong box before his death to
| change It. but was not able to do so. The
benefactions since the date of the will, II
is said, will practically cover the amount
given to the university in the will. and IL
this Interpretation is sustained the institu-
tion would be cut off with a very small
benefaction or none at all. General Gown.
who represents six of the fifteen heirs,
says he does not know whether this ques-
ton viii be raised or not. but he admitted
1t had been talked of. He said he would
not file a petition for his clients until he
found what the others were going to do.
Court Rules on Leave to Sell.
Judge Leslie Monday ruled on the applica-
ton of the executors for leave to sell stocks
and bonds in the estate without first secur-
ing specific orders of the court Judge
Leslie granted the desired permission with
respect to all stock except those OF the
Creighton Real Estate company. the First
| National bank, the United States National
bank and the South Omhs National bank.
The remaining stocks being OF more or less
nuctuating value may be sold by the ex-
ecutors when in their judgment it is to the
best interest of the estate to do so
! At the hearing Monday all claims were
! allowed except two. One of these was a
small one for SIS and the other was filed
| by John j OConner for 5000 for attorney
fees. These were held pending further in
vestiKation