Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-10-08
ESTATE OF ALICE D. MAGAW.
Contest of Will and Suit to Set Aside
Decd

Another step in the litigation involv-
| ing the estate of the late Alice D. Magaw
| was taken today. Her grandson, Robert
| Magaw, of Brooklyn. n. Y, who is also
| contesting the validity of her will, filed
a suit in the equity branch Of the Dis
| trict Supreme Court to set aside deed
dated May %, by which two houses or
| B street northeast near I'd street were
conveyed to Amelia E. Huntley. Lydia H
Tilton and Hattie H. Fague. trustees OF
the Woman's Foreign Missionary Society
| of the Methodist Memorial NJ. E. Church
of this city.
In addition to the trustees mentioned
who are also sued in their individual
capacities. Mr.. Magaw names as defend
ants Sarah D. La Fetra. individually
and as president of the missionary So
ciety, and Van Brunt Magaw, Frederick
l.. Magaw and Stephen Magaw the lat
ter three residents of the state of New
YORK and heirs-at-law of Mrs Magaw.
By the bill OF complaint. filed through
Attorney E. Hilton Jackson. the court
Is informed that Mrs. Magaw died
August 10 last, at the age of eighty
three years. 1t is alleged that a few
weeks prior to her death the defendants,
Amelia p. Huntley, Lydia H. Triton. Hat
tie II. Fague and Sarah D. La Fet-a,
procured the signing by Mrs. Magaw
and the delivery to the trustees of the
missionary society of a deed to the prop
erty on b street, and thereby vested in
the trustees named an apparent legal
title to the property. Neither the trus-
tees. it Is declared, nor any one for them
paid Mrs. Magaw any consideration for
the execution OF the deed although on
the face of the paper a consideration of
$40 appears to have passed between the
seller and the trustees
Because Mrs. Magaw was a member of
the Methodist Church and of the mission
airy society. and because of the affiliations
and associations. relations of intimacy and
confidence. 1t Is suggested subsisted be-
tween her and the four persons named
above. Being eighty-three years old. 1t is
alleged, Mrs. Magaw was in an enfeebled
condition of mind and body. and was rem
dered. 1t Is averred. readily susceptible to
influence exerted or attempted to be ex-
erted by others. Knowing this condition,
1t Is alleged. and intending to defraud her
heirs at law, the persons named are
charged with taking advantage of the in
innate relations with Mrs Magaw and
procuring the deed without the knowledge
OF the heirs and placing 1t on record
Mr.. Magaw asks that the deed be Sc
aside as fraudulent and void. and for
such further relief as may seem to the
court right and proper.
Mr.. Magaw as stated, recently filed a
caveat protesting against the probate of
his grandmother's will, on the ground of
undue influence alleged to have been exer-
cised by the officers of the missionary So
ciety. or some of them.
The persons charged in a caveat have
entered denials through the press of any
knowledge of the contents of the will, al
though no answers appear of record. They
also deny any attempt to coerce or per-
suade Mrs. Magaw.
BY the terms of the will Mrs. Magaw
leaves the bulk of her property to the
Womans Foreign Missionary Society of
the Methodist Episcopal Church for the
purpose of having erected in China or
India tablet or monument to her men,
DRY and that of her husband.