The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-09-16
SAMUEL COT HALF
Result Is a Row Over Mrs. Mel
fingers Estate.
Claimed That Mother Was In
fIuenced by Son.
LAND, WORTH $4,000.
Nurse and Hired Girl Are Star
Witnesses.
Four Sons Are Fighting the
Fifth for. prnnnrfv
LAND. WORTH $4,000.

Beginning promptly at 9 o'clock this
morning, and continuing until nearly
1 O'Clock, attorneys for both sides of a
family disturbance, cross examined
witnesses in probate court. The occa-
sion was the attempt to break the will
of Mrs. Ann Mellinger, who died of
cancer at her home, 1910 Sekard ave-
nue., September 4. Mrs Mellinger left
five sons. During her last illness and
just prior TO her death, she signed a
will, leaving half of her property to
one of the sons, Samuel Mellinger, and
the other half to be equally divided
between the other sons. The other sons
are not satisfied with this arrangement
and desire to break the will
A lot of testimony was introduced to-
day. H. G. Larimer. the attorney who
was called in to draft the Will, is de-
Tending the rights of the winning son,
Samuel, while Attorneys Wheeler and
Switzer are conducting the efforts of
the "outside" sons. The contention is
that undue influence" was brought
to bear ON Mrs. Mellinger during her last
illness, causing her to sign a will
which was not drawn according to her
views. Prominent among the witnesses
was Miss Mary Knox, trained nurse,
who attended Mrs. Mellinger. The will
breaking contingent would like to show
that Miss Knox and H. G. Larimer
framed" a will. and induced Mrs. Mel
linger to sign it. The evidence was
scattered and contradictory in some
instances. The warfare between the
brothers led to testimony on each side
which might be construed to mean that
the other was liar of the first water.
Attorney Larimer resented some of the
suggestions offered by Attorney Swift
ger. and pleasant time was had.
Another favorite witness was
Amelia Lentz, whom Larimer referred
to as this hired girl" Her testimony
was unfavorable to the winning son.
| Samuel She said that she had heard
| Mrs. Mellinger make the statement,
| after the will was drawn, that the
| nurse had induced her to do something
! she didn't want to. The hired girl
| kept close tab on everything going on
| around the Mellinger household and
| knew that a will was to be drawn. She
| also knew when the nurse went out to
! telephone for Larimer. The defense of
! the winning son brought out the fact
that she was keeping company with
one of the losing sons, and an attempt
| was made to introduce this as motive
| for her attitude. 4a=
The facts in the case seem to be:
Mrs. Mellinger's sons. with the excep-
ton Of the one son, Samuel, left home
| over five years ago. Samuel, one OF
| the unmarried ones, remained with her.
He testified that he had made his home
| with his mother, and paid the grocery
| bills. This was assigned by the de-
! Tense as a reason why the mother
| should favor him in her will. One of
| the other brothers declared that his
mother had told him she did not in
! tend to make a will, but to leave her
property Internationally to all her
sons. Larimer testified that he was
called in, and told by the nurse what
to put in the document. He wrote out
the will, in favor of the son Samuel.
and then went into the room where
| Samuel read the will to his mother.
| and asked her if it was all right. Also
! that the dying woman expressed her
| satisfaction with the document, and
| signed it. while supported in bed by
| her son and the nurse. Larimer and
Miss Knox signed the will as witnesseS
The examination of witnesses con-
sumed so much time that the court in
vited the contesting attorneys to sub
nit briefs on September 80. Mrs. Mel
| fingers property, which is under con-
| test. consists of a farm in Lyon coun-
| ty, and the home at 1910 and 1912 Sew
ard avenue the entire estimated value
| being Sc 100.