Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1907-02-20
WILL MAY Be PUT TO TEST
Count Creigbton's Estate Liable to Gauss
Litigation Among HeirA
SOME THINK TERMS ARE NOT EQUAL
disappointment Expressed by Member
of Family that second VIII
Was Not Made-sise
of the Estate.
VII the validity of the John A. Creighton

VIII the validity of the John A. Creighton
will be attacked?
That is already a subject OF widespread
discussion. The relatives of Mr. Creighton,
even including some who have been re-
membered in the will, do not hesitate to
express their dissatisfacti Of its terms
They say that a larger proportion of the
Creighton fortune should have gone to
members Of his family and a smaller pro-
portion to charity and educational institu-
tions of the church. One Of the family
who would benefit by the rejection Of the
will declared:
THE will will be contested II there is
any possibility of finding grounds To- con-
test 1t. We admit that It is difficult to
find a promising opening. The rule adopted
by the courts makes it difficult to attack a
will unless some lineal descendant who has
a valid claim comes in as the contestant.
Count Creighton has no Ineal descendants
whatever, none Of his relatives being nearer
than nephews and nieces. No one can
attack the genuineneSs Of the will or the
sanity of Mr. Creighton when he made 1t.
the only possibility being to allege undue
influence on the part of the priests and
nuns representing the institutions that are
to get the bulk Of the money.
wanted Another VIII.
Count Creighton maze MS Will three
years ago. 1t is too bad that he did not
make another will within the last six or
eight months. because his fortune has prac-
tically doubled since he made the Will.
The sale OF his mine alone brought him
proht of S2,bO0.O0O and he has had other
increments since then in excess OF what
he has given away. The result is that
the undivided residuum that is to go to
the designated heirs in the same proper
ton is several times what he thought he
was giving at the time, and had he known
that he was to dispose of that much prop
erty he would unquestionably have changed
the proportions
Another unfortunate thing is that he
should have regarded the heirs OF MS
brother and sister as having equal claims
one family having seven children ana the
other three and each family dividing the
same sum among them makes the disparity
between one set Of nieces and nephews too
great as compared with the other set. We
had an idea that another will had been
made and that was the reason for the delay
in probating this will. but L take 1t that
ALI hope of finding a later will has been
abandoned.
AGENCIES for distribution.
"At the same time Count Creighton re-
garded the various church organizations In
charge Of the hospitals and schools merely
as agencies for the dissI ibution Of his wea tn
TO the general public and especially to the
poor and afflicted, and in leaving the bulk
OF his wealth to them he was simply tax
ing what he thought the best way 70 make
sure of doing the most good 10 the public
generally. The failure Of the will to specify
anything about the principal pieces Of
property belonging TO the count such for
example as his home, Is due TO the fact that
all his real estate was transferred TO the
John A. Creighton Real Estate company
and what will pass TO the estate Will be
merely his holdings in the form Of stock In
this company. The company win manage
the property and the home, presume, viii
be either rented or sold TO one OF the heirs
II wanted for occupancy. For the present
IL will probably continue at the disposition
Of those who have been living there with
the count"
stse of HIS Estate.
Count creighton's will did not reveal the
size of his fortune and there is stin much
he val Of The