The Washington herald., 1907-05-08
COURT UPHOLDS WILL
Memorialand Children's Hos
pitals Get Legacies.
REQUESTS STAND
Justice McComas ARirms Judgment
of District Supreme Court, in Ap-
peal of MoIyneaux l.. Turner
Against Probate of URcIe's Last
Testament-NOthing to show.

The Garfield Memorial Hospital and the
Chlldren's Hospital, by the decision of
Justice McCOmas, Of the District Court
OF Appeals, are assured the sum of $40,
900 left to these institutions in the win of
Henry e. Woodbury.. who died January
u. 1915. and against the probate Of whose
Will Molyneaux l. Turner appealed.
Justice AIcComas yesterday affirmed the
judgment Of the District Supreme Court.
sitting In probate. which admitted TO pro-
bate and record as the last VIII Of Henry
Z. Woodbury.. a paper dated April Il,
1902, purporting to be his last willard five
/ codicils thereto, dated respectively Jan
uary ;. October 90 December 3. 1893.
February IS and December %. 1894. These
testamentaTy papers give the estimated
value OF the estate of the deceased at
! about $4,000 in real and personal property
to the Garfield Memorial Hospital, and
the Children's Hospital after paying
$500 in small legacies. From this judg-
ment OF the Probate Court. Molyneaux L.
Turner appealed.
DIR. Woodbury. Career.
DR.. Woodbury.. the testator. died jan
uary Is. 1906. seveRty-nine years Of age.
His sister. Sally Woodbury., died Decem-
Der IS. 1892. He had married about 1870,
but ia less than two years thereafter his
wife and he separated. The decision of
the court states that they were never
divorced. and that she survives him. 1t
is further stated that IN 1857 they had
united in a deed. whereby each released
an interest in the property Of the other.
DR.. Woodbury. had been busy physician
until 1881, when he received a fall and
| seriously injured himself. and, IN conse-
quence OF his injuries retired from prac-
tice
During the last twenty-five years of his
life, the judicial decree states he was
quite feeble and devoted his tine 10 the
care OF several houses he owned. to his
I investments. and 10 gratifying his intel
lectUal tastes. lie was deaf and suffered
/ from clronic bronchitis. -Four physicians
and many witnesses testified that he was
of sound mind and competent TO make his
Will lie had no children.
Heir and Next OF Kin.
Molyueaux L. Turner. the son of a de-
/ ceased sister, was the testator's heir and
next Of kin. he was born in 1870 and
graduated in medicine in 1885, coming TO
( this city IN 1885, where he lived with his
uncle until August. 1885,. when he was ap-
/ pointed on the staff Of the Emergency
I Hospital where he remained until Sep
tember. 1895. lie lived with his father in
New York until 1g1l when he returned
To this city and lived with the testator.
who provided him with an office room.
After the death of Mrs. Woodbury.. the
decree continues. the discarded wife OF
the test8tor Mena n. Stevens became his
housekeeper and nurse. Turner claimed
and alleged that she possessed great infiu-
( euce and control over Woodbury.. He all
legged that there IL evidence that she was
not kindly toward Dr Turner"
Ia Dr. Woodburvs viii IL was stated
that "the testator's reason for not re-
memberiug his nephew more generously
was that the nephew. by ingratitude and
/ indifference, had forfeited all claim 10 the
testatOr's consideration, and had embit-
/ tered the closing years of his life. To his
i discarded wife. Anna J.. Woodbury., he
1 gave So The decision further says that
there is nothing 20 show that Miss
/ Stevens sought 20 influence the testator
/ TO give his property to charity"