Ottumwa tri-weekly courier., 1908-08-27
GUARDIAN MAY
SET ASIDE WILL
PROMISE OF A CONTEST IN LAST
TESTAMENT OF MRS. MARY
Chiffon MDONALD.
CHILD NOT MENTIONED
DR.. w. F. Mcdonald Left Entire
Estate by Deceased Wife and
Executor of Instrument With
out Bond.

From Wednesdays Daily.
When the will of the late Mary G.
Mcdonald, the deceased wife of Dr..
Wilbur F. Mcdonald will be brought
up before Judge D. NJ Anderson, in
the district court tomorrow for pro
bate, very spirited contest is immi-
nent. An effort will be made by the
guardian of Everett Jacob, the infant
son OF the late Mary c. Mcdonald, to
set aside the will as no provision for
the child appears in the instrument,
which conveys to Dr. Wilbur F. Nc
Donald her husband. and father of the
child the entire real and personal
property of the deceased. 1t also ap-
points him sole executor of the will
without bond
The main contention upon which
the guardian of the child ex-
poets to set aside the instrument, lies
in the fact that the child was born
after the making of the will and in no
part of the instrument is the child
mentioned or provided for.
Charles Chiffon, brother of the de-
ceased upon his own motion was ap-
pointed by the court as guardian of
the child Everett Jacob Mcdonald and
through his attorneys, Smith & Lewis
has filed an objection with the clerk
of court as follows:
Subsequent to the making of the
last will and testament offered for
- $50 = tl'ie co1lr+ the testatriX
Mary c. Mcdonald, deceased had
child born to her, being Everett Jacob
Mcdonald, who was born the seventh
Gay ci Julle, 1908.
"The said Everett Jacob Mcdonald is
left unprovided for by any settlement
made the mother, Mary c. Mcdonald,
deceased, and he is not provided for
Or mentioned in the last will or testa-
ment aforesaid and that by reason
thereof under the law he succeeds to
and inherits the same interest in his
''nth""'e ""H' "nd personal estate as
thor"h the will aforesaid had not been
nr--~
"That Mary O. Mcdonald died leav-
iIg the said Everett Jacob Mcdonald
as her only child and heir at law.
, "That by reason of the facts above
stated the instrument now offered for
probate as and for the last will and
testament of Mary c. Mcdonald, de-
! l--o oe.4ne > ,O.u.
guardian IF Everett Jacob Mcdonald
asks that said instrument offered for
probate be decreed uull and void"
In reply to the objection of Chiffon
as gu. rdian, the husband, Wilbur F.
McDona!d through his attorney, w.
w Cory has filed the following with
the clerk Of court:
wv. F. Mcdonald, proponent Of the
1o ,,,s1 80 n ~ l.
ceased, demurs to the objections in
the case filed and for cause states:
.'Said objections set out no legal rea-
sons Or cause why said will should not
be admitted to probate. The birth of
child to the testator after the will
is made, though not provided for nor
mentioned in the will is no reason
for the setting aside the will under
sections 3276 and 3279. supplement to
the code-chapter 120 laws OF thirtieth
general assembly"
The will as filed with the clerk of
court after directing that all of the
debts and funeral expenses be paid as
soon as convenient after her decease,
reads as follows:
'All the rest, residue and remainder
of my estate, real and personal and
mixed Wheresoever situated, of which
may die, seized Or possessed or to
| which may be entitled at the time of
by decease, I give. devise and bequeath
to my beloved husband, Wilbur F. Nc
Donald to have and to hola the same
to him absolutely and forever in case
that he survives me.
81 nominate, constitute and appoint
my said husband sole executor of this
my last VIII and testament without
| bond.
"In witness whereof I have hereunto
| subscribed my name this -. day Of
May 1908, in the presence of Maude
| Mcdonald anu A. c. Steck, whom
have requested to become attesting
witnesses hereto
MARY c. Mcdonald"