Los Angeles herald., 1908-07-19
ORDERS COMPROMISE
IN HIGGINS CONTEST
CONTEST OF WILL FINALLY Is
SETTLED
Judge Rivss Signs Order and MRS.
Rand Is Substituted In Place
of Son to Act as
Trustee

Judge Rives yesterday signed an or
der authorizing a compromise OF tne
litigation in the matter OF the hiram
Higgins estate, and the final settlement
of the contest of the will was erected
The will was admitted TO pfobate
July 8, 1906, j. W. Phelps, VINO was
named as executor and trustee, quail
fving as executor under the order of
the court. A contest of the will was
instituted June "a, 1907, by Mrs. Hig-
gins. the widow, and William r. Htg-
gins the son. This contest, including
all charges of undue influence, was
withdrawn.
Following is the statement made by
the attorneys for Mrs. RAND:
"By the terms of the settlement MT.
Phelps retired and Mrs. Lillian Cora
Rand, the daughter of Hiram Higgins,
was substituted as trustee under the
will. After payment of the trustees
commissions, expenses and attorney $
fees. Mrs. Higgins, instead of her con-
tingent portion of the estate dependent
upon a trust of thirty years, received
one-third of the estate, except the
homestead and personal property other
wise disposed of, and quarter section
of land in Iowa. She will also take In
lieu of one-half of the income during
her life, as provided in the will, the adj
ditional sum of $4,000 paid from the
remainder CT the estate.
"William r. Higgins, son Of Hiram
Higgins, instead of the monthly allow
ance of 500 provided by the will was
given the sum of $18,930 from the es-
tate, being the estimated casn value OF
his annuity. EIbridge d. Rand,
Charles w. Rand and Lillian Rand, the
minor children of Mrs. Rand, will share
equally in the remainder of the estate
upon the death of Mrs. Rand, accord
ing to the will.
@As a part of the settlement Mrs.
Rand has purchased with her own sep
arate money, for the sum of $4,000,
all the interest of Mrs. Higgins and
William R. Higgins in the residence of
Hiram Higgins on Wiltshire boulevard,
in this city, which property was previ-
ously set apart by order or court to
Mrs. Higgins as homestead. The res
idence is valued at $4,000.
an this part of the transaction Mrs.
Rand becomes also the owner of the
household furniture, valued at $4,000,
with certain excepted articles retained
by Mrs. Higgins, which property had
been previously set apart by court to
the widow. Mrs. Higgins receives In
lieu of such personal property taken by
Mrs Rand the sum of $4,000 from the
estate In adjusting the vaIue Of the
homestead and household property de-
duction of $2065.S5 was made from the
sum of $4,000 to be paid by Mrs. Rand
for the value Of household articles re-
tanned by Mrs. Rand, so that the actual
net price paid by Mrs. Rand to Mrs.
Higgins from her separate estate was
$22,93465.
by the terms of the settlement Mrs.
Higgins will receive up to and ending
on the first of July the monthly allow
ance provided by court, and Mrs Rand
will also receive up to the same time
her quarterly allownce of $1,000, includ-
ing all back allowances in accordance
with a prior arrangement made with
the executor pursuant to the terms of
the will, these sums being paid out of
the corpus of the estate.
by order of the court, in accordance
with the terms of the agreement, Mrs.
Rand was appointed trustee in place Of
Mr.. Phelps and will act in that capacity
during her life
''In the equitable apportlonment of
the shares of the parties proper respect
was paid to the intentions of the testa-
tor as far as practicable, tho long and
involved trust provisions being made
clear and the Objectionable thirty-year
trust period being eliminated.