The Washington herald., 1907-01-29
BAILEY WILL FIGHT
Relatives Want Part of Cir
Gus Mans Big Estate.
LEFT $5,OOO,OOO TO WIFE
Nepheyvs and Nieces Claim Million
nire show Magnate Was of Tn
UncIes and Aunts Became Insane
Before Death-Case Adjourned.

Mount Vernon. n. Y. Jan. 2S-The con-
test brought by relatives in Michigan 10
set aside the viii of James ~ Bailey, the
Snowman was heard to-day by Surrogate
Millard. of Westchester County. Mr.
Bailey, who died in Mount Vernon about
"a year ago, left his entire estate incIud-
ing the controlling interest in the Barnum
q Bailey, Sells FOrepaugh. and Buffalo
Bill shows, 60 his widow, Ruth McCaddon
Bailey, cutting off the contestants, who
live in Michigan. without a cent The es-
tate, il is said, amounts to about s.. 100000.
The contestants, who are nephews and
nieces, claim to represent about three
ffths of the estate. Through their attor-
neys. Wollman & WolIman, Of Detroit,
Mich, they are trying TO prove that the
Snowman was mentally incompetent when
he made his will and that Mrs. Bailey
and her brother, Joseph McCaddon, also
a circus man, exercised undue influence
over him. In their deposition they alleged
/ that all Of Mr. Baileys brothers and sis
tiers in Michigan became insane before
they died, and that shortly before 1874,
when be made his will. he suffered from
stroke Of paralysis and was so broken
down in health that hs~was compelled 70
50 20 EJTope for rest.
Daniel w Childs and Herbert G. Hull.
of New York. who were attorneys for
Mr- Bailey at the time he drew the will.
testified that he was perfectly sane and
competent AT the time. and that he went
TO Europe merely because he needed the
rest. Mr. Hull said that when Mr.. Bailey
made the codiciI to his will he said that
he had a lot Of bad relatives. one Of whom
| he understood had been in States prison
said Relatives Were Bad.
They are a bad lot" said he. and
would make trouble for Mrs. Bailey if
/ they could. want to make a will that
/ they cannot break"
/ He said that the Snowman had many
relatives whom he did not know and
! had never seen.
/ Mrs. Bailey said that when she first
met her husband in 1865 he led her 10 be-
/ lieve that he was alone in the world with
no parents or relatives. 1t was several
/ years before he told her he had run away
/ from his aunts home in Detroit to follow
his circus life. Mrs. Bailey said that she
was married to Mr.. Bailey in a small
/ town in Ohio, and at the time ne was an
/ advance agent for circus with a salary
OF S25 a week
Later she said he had a wagon show.
and she Travelled with him all over tbs
United States as mistress of the ward
| robe She denied that Mr. Bailey was
ever in an insane asylum. sanatOrium.
/ hospital. or institution Of any kind, and
said that his mind was always as clear
as q bell
Uncles Went Insane.
Mary Gordon testified that several Of
| her Uncles and aunts, who were MI Bal
ley's brothers and sisters. lost their
minds before their death. She said that
/ Mr.. Bailey always feared that he would
90 the same way. The witness testified
that Mr., Bailey was brought up by her
mother until he was fifteen, and then he
went swimming and never came back.
Later they learned that he had gone to
/ Pontiac, Mich, where ne had Joined a
wagon circus.
/ II. l. Watkins, for several years pri-
| yate secretary to Mr.. Bailey. said the
I Snowman had frequently sent sums of
money to his relatives in Michigan.
The case was adjourned in order to call
! the physicians who attended Mr. Bailey
| in his last illness