The Paducah evening sun. [volume] (Paducah, Ky.) 1906-1929, 1908-02-01
COURT DECLARES
INSTRUMENT NOT
DECEDENT'S WILL
Sensational Suit Over Tesla.
ment of Mrs. Alma Griffith
in County Court.
Attorney Named as Executor
and Guardian Appeals.
SOME STARTLING TESTIMONY

After hearing the evidence of about
ten witnesses in the action brought by
the children of Mrs. Alma Griffith.
contesting the will offered for probate
by Attorney NJ. e. Gilbert, Judge r.
/ T. Llghtfoot yesterday rendered
decision refusing to allow the will to
be probated.
Mrs. Griffith, who was one of the
best known women of the north side
. of the city, died January 10, and a
few days later the will in question.
which provided that Attorney Gilbert
be made executor of the estate and
guardian of the two children, Trey
and Isabelle Griffith. with full and
complete charge of the estate until
the youngest child, Isabelle, who is
now sixteen years of age, should
reach 81, when he should divide the
estate equally between the two chill
dren, retaining ten per cent of the
whole estate for "his own services and
kindness" Upon this last named
provision the real hitch seemed to
Mrs. Griffith did not believe it Just
that so large per cent of the estate,
which Is estimated to be worth $12,-
900, should be paid for handling the
estate.
In support of the will offered Mr..
Gilbert and w. ID. Downs. whose name
was signed as an attesting witness as
was that of J. S. Downs, who is now
in the Hopkinsvllle asylum, Mr.. Gil
bert testified that on the 10Th day of
October. the day the will was purport-
ed to have been signed. he went to
Mrs. Griiiith's home on North Thir.
teenth street and borrowed $50 from
her. That at the time she was up and
around her home, being on the back
porch when he went to the home She
gave him a check for $50. which was
In evidence, and also told him she
probably would be down to his office
that evening and have him attend to-
some important business. That day
about 1 o'clock she went to his office
and took the rough draft of will,
which he drew up, and she signed as
did also the two attesting witnesses.
The provisions of the will are as
above stated, Mr.. Gilbert being made
executor, to give such bond "as he
was able to give"
The evidence introduced by the par
ties, contesting the will, was in effect,
that on the day the will was purport-
ed to have been made, Mrs. Alma
Griffith was confined to her bed with
severe attack of catarrhal pneu-
MONA.
Miss Isabelle Griffith, who was her
mothers secretary, testified that on
the 18th day of October. which was
her birthday, her mother brought her
to the city to take the train to Kevil,
where she visited until Sunday after
noon, when she returned. From ex-
posture to the bad weather, the day
she was down in the city, Mrs Griffith
became III, pneumonia developing
the 14th day of October, and she was
critically i'll for four or five weeks and
did not leave her bed. Miss Griffith
also testified that the signature to the
will was not her mothers. She was
supported as regards the Illness of her
mother by the testimony of her
grandmother, Mrs. Langston, mother
of Mrs. Griffith, and the testimony of
DR.. b. b. Griffith, who produced his
books to show that he visited Mrs.
Alma Griffith every day during her
illness. that he was to see her on the
day the will was supposed TO have
been made I'm Mr.. Gilbert's office. and
his fever charts showed that her fever
on that day was 100 to 1903 degrees.
Urey Griffith, the son, testified
that at 2 o'clock the day the will was
claimed to have been made his moth
er was in bed seriously i'll, and she
gave him money to go TO market,
getting the money from a purse under
her pillow.
After hearing the evidence and arg
uments made by John X. Hendrick
in support OF the will, and w. A.
Berry. for the contestants, Judge
Lightfoot decided that the will in ques
ton was not that of Mrs. Alma Grif-
fifth, and at the request of the children,
Isabelle and Trey, he appointed DIR.
B. B. Griffith administrator of the es'
tate and guardian of the children, for
which position he qualified by giving
bond this morning.
Attorneys for Mr.. Gilbert gave no.
tee that the case would be appealed
to the circuit court.