Daily capital journal. (Salem, Oregon) 1903-1919, 1908-01-01
PROBATE
CASE HAD
HEARING
BEFORE JUDGE SCOT
REAL ESTATE AGENT FRED
HT"ST ACTED As INTERPRE-
T.. AND LAID DOWN SOME
DUTCH LAW In THE CASE.

The guardianship and the admin
listratorship case in the Henry
lOllschlager, deceased estate was yes
terday afternoon taken up before
Judge Scott in probate court and
after several hours was consumed
In hearing witnesses the case was
continued TO a date which will later
be agreed upon by the attorneys. II
will probably be taken up again dur
ling next week. The case is one
which has been i'm the courts since
1904 when Henry Ollschlager died
q. the asylum.
Mrs. Ollrchlager after the commit
ment of her husband i'm 1903 petit
toned the court for the appointment
Of Theo NJ. Barr as guardian OF Mr.
/ iOllsChlager. The grand nephews
land nieces of the deceased objected
to the appointment on the ground
that Mrs Olschlager was not the
lawful wife Of Henry Ollschlager.
which was overruled. After the
death OF Mr.. Ollschlager, Mr. Barr
became administrator and declared
that Mrs. ollschlager was the lawful
widow OF the deceased and was the
only legal heir. The court allowed
Mrs. Ollschlager SIS per month,
which the nephews and nieces also
objected TO and with the guardian
ship objection appealed the case TO
the circlit court. where Judge Boise
lafiirmed the decision OF the lower
court. An appeal was then taken TO
the supreme court but through
technically the case was referred
back TO the probate court.
The objectors claim that Henry
lOnschlager never parried the wom-
an who Is known as Mrs. ollschlagSr
and that she had no right TO appoint
a guardian neither was she entitled
to any rights in the property.
Mrs. Ollschlager, whose maiden
name was Haymaker, was the house
Keeper for Henry Ollschlagers sister
who lived in Germany and It was here
Iearly IN the eighties whore Henry
and Miss Haymaker met. When the
sister died Henry onschlager went
TO Germany TO settle the estate and
returned with Miss Haymaker to
Philadelphia, where Mrs. Ollschlager
says she was duly married 10 the
oh. nd
Mrs. ollschlager testified that she
and Henry were not married in
IGermany in 1887 for the reason that
the Burgomaster there told them
THAT they could be married with more
lpropriety in America as Mr.. OILS
chlager had been married before and
IL would be necessary TO have a proof
of his divorce which would require
some time TO obtain.
AS Mrs. Ollschlager could not
Ispeak English. Fred Hnrst, the well
known real estate dealer was inter
prefer and at times acted in the ca
pacity of attorney.
Several of those present attempted
to assist Fred in some OF his trans
llations but he informed the court
that if they thought that they know
more Dutch than he, they could take
his place-after a bombardment OF
English and German and the ham
mering of the judges gavel. order
was restored.
Letters were introduced TO show
that Mrs. Ollschlager was treated
we'll and was addressed as one OF
the family by relatives. Mrs. oils
ohlager testified that she and Mr.
oIlschiager lived together up 10 the
time of the commitment Of the latter
TO the asylum in l9OS.
Mrs. ollsclager testified that her
maiden name was Haymaker Gin Eng
nish). Fred, the Interpreter declared
that It should be "Hairmaker' from
the pronunciation in German but was
finally overruled by the Dutch au-