The Washington herald., 1907-01-14
THIRD Will FOUND
Mrs. Hughes Left Estate to
GPandnieceS First.
MADE IN NEW YORK IN 1896
Heirs Declare second, with MusI-
lated Signature and Third, Made
After She was Declared Crazy, Cnn-
not Legally Dispose OF Property.
Last One Made Left Part TO Niles.

Since the filing OF the mutilated codcil
OF the will of Mrs Louise Augusta
Beauchamp Hughes investigation has
brought out the fact that there are three
wills instead Of two, as had been sup
posed, and that the third will is the
Oldest Of all, and viii possibly be the
one on which a settlement of the estate
will be made. The wills now known 20
be in existence are. i'm sequence:
VIII No. Drawn up IN New York by
Attorney Augustus Hutchins some time
during 1896, bequeathiHg the entire estate
to three grandnIeces living in New York
including $5Oo00 she had inherited from
her husbands estate.
VIII No. drawn up in 1899 by w II.
Sholes and J. J. Darlington, disposlng Of
the property i'm much the same way, in
cludlng the $4,000 left by her husband.
This is the instrument. the mutilated
codicil Of which was filed Saturday with
the petition Of Judge Kimball and Mr..
Sholcs. asking that the estate be settled
I'm this city.
VIII No. 3-Drawn up by Edward g.
Niles in 1902, after Mrs Hughes was de-
clared insane. bequeathing several thou
sand dollars TO Niles. but not mentioning
the bequest from her husband This will
Is IN the hands Of Attorney Cuttings. who
wants 20 file It for probate in New York
as attorney for Niles widow
fWnl 40. ] was offered for probate in
New York last Monday, the day following
the death Of Mrs. Hughes. whose mind
Is said 10 have been affected for several
years. In June. 1862. she was declared
insane and put under charge OF Niles
as a committee Of her estate. Some time
later he was called into court and com
PEELED TO give an accounting OF 500 90
Of Mrs. Hughes Sl25, GO he had handled.
and was compelled to return si5 600 to the
estate
Last VIII IL Crazy Woman's.
At the time Of the drawing up Of the
first Will there had been no suspicion that
Mrs. Hughes was of unsound mind. and
her heirs under this VIII will try 20 show
that IL is the one that should settle the
estate for the reason that the second will
Is mutilated and the third not 20 be
considered because it is the work % q
woman adjudged crazy by a court Of IN
quiry.
Judge Kimball and Mr. Sholes. who, as
executors Of the second document. desire
that IT be probated in Washington. say
that il is Of a more recent date than will
No. T. and should therefore be accepted
as the only legal paper. They claim that
the mUtilation Of the codiciI does not af-
feet the legality Of the paper This is
the viii which was returned TO Mrs
Hughes. ii is claimed. tn November. 1901
at her request by Mr. Darlington This
was after she had become acquainted
with Niles. and IT was given out at that
time that the will had been burned II
the first will had not been I'm existence.
and the courts had refused 70 accept the
mutiiated viii as legal document.
Niles estate would be the beneficiary
under the third will. which Mr. Cuttings
would probate in New York
Heirs Under First VIII to Fight.
The argument against this move. made
by the attorneys for the heirs under
wills Nos. and p is that the will was
not drawn UP until after Mrs Hughes
had been declared insane and that she
could not therefore have moved her resi-
dence from Washington. where her real
estate property was located This argu-
ment makes Washington her legal resi-
dence at the time Of her death. and the
claim is advanced that for this reason
the viii must be fled in this city al
though Attorney Cuttings asserts this is
not true. Judge Gould has issued a writ.
retumable January II. compelling Git
tings to show cause why the will should
not be filed in the District.
Meantime. the heirs under wills Nos
1 and are preparing their case to get
the estate settled as provided IN the
original document. because IL is the one
drawn at time when there was no ques-
ton as 10 Mrs Hughes sanity. the sigma
lures are intact and it provides for the
bequest Of $4,000 not mentioned in the
third will, and disposed Of under the
second will with the mutilated codicil
Niles Estate Is BenefcIary.
Niles, the beneficiary under will No.
s. is said to have also received numerous
gifts from Mrs. Hughes previously to her
death. in addition to the fees as her
committee, which formed part of the
money for which he was compelled to
give an accounting.
It is said that before her death Mrs.
Hughes sent a servant to a bank in
Washington to draw $4,000 for her Civ
ing the servant a check for that amount
This, it is alleged will form part of the
argument Of the heirs to prove that Mrs
Hughes was incompetent to administer
her estate prior to the time she was de-
clared insane the first time in New York.
in June, 1902. She was then committed
to a private insane hospital, and later
released on habeas corpus proceedings
because Of irregularities in her commit
ment. On December q, 1902, she was
again found insane by a jury in New
York, and Andrew J. Shipman. of New
York, was appointed committee of her
person. and the United States Trust
Company WAS appointed committee Of her
estate. succeeding Niles.
Il is because Of the property held by
this company as committee that Attor-
ney Cuttings declares the will should be
filed for probate in New York. and on
this he will base his argument for his
proceeding.