The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1908-12-24
Sensational Case Brought toaLtght
by Petition II ! .fof Probate ofs ]
Lost Will OWN. Brook
CHARGE BROTHER WIT FRAUD
Petition Filed in Court Alleges That
Will Was Destroyed to Defeat In
tentions Of Deceased to Leave
Property in Trust for Sisters

One Of the most sensational cases
brought to light in Kenosha county in
many years has come up ii the County
Court in charges made by Thomas Mar
| tin of the town Of Brighton in a petit
ton for the probate Of an alleged de-
stroyed will of the late. William Brook,
IA wealthy hesident Of. The town Of
brighton who died on June p Of this
year, leaving an estate valued at about
100000. Brook left as his heirs james
Brook, brother, and Mrs. Sarah E,
Martin, Harriet A. Brook, Hannah NJ
Brook and Amelia NJ. Brook, his sis
tiers. Thomas Martin whosfled the sen
sational petition for the probate of the
lost will is a nephew Of the deceased
and is alleged to have been named as
executor Of the will which it is claimed
was destroyed James Brook one of
| the Wealthiest farmers Of the town Of
Brighton and man widely known
throughout the entire county is charged
! in the petition with having wilfully
destroyed the will Of the brother with
1.-THE intent Of defeating his plan. fogethe
]diyision of the state and with the
! further intention Of securing a portion
>of the estate if it were divided under
the Wisconsin statutes without con
was mentioned in the will.
The petition tells an unusual story.
In it it is alleged thatsin 1892 the de-
ceased farmer came to- the city of Ke
nosha and at the Office of ..James
! Cayanagh made a will which was prop
erly witnessed and that the will !. was
left on deposit with Mr.. Cavanagh. It
| is claimed that the will provided that
after the death Of William Brook the
funeral expenses and all just debts
should be paid ana that the residue of
the estate should be turned over to
| Thomas Martin to be held in trust for
the care and maintenance of Mrs
Sarah Martin a sister Of the deceased
| None Of the other brothers and sisters
were mentioned in tn will.
| The alleged will according to the pc
tition provided that after the death of
| Mrs. Martin the residue Of the estate
If there should be any, should be di-
vided share and share alike among the
children of Mrs. Martin including
Thomas Martin, James Martin, Sarah
Brandes, Mary Harris and Grace Silver
mail. sr e.
| The will remained in the keeping of
Attorney Cavanagh according to6 the
petition until the Goth nay of last May
when 1t is alleged that James. Brook
went to the attorneys office and repre-
senting that he had been directed by
| William Brook to secure the will and
bring it to him he took the will from
the vaults Of the attorneys office and
started with it 1or the town of Brigh-
ton. He gave proper receipt to the
attorney for the papers in question.
Martin alleges that James Brook either
himself destroyed or caused the will to
be destroyed and that it was never de
| livered to William Brook who was at
the time in a dying condition. After
| the death of Brook search was made
| for the will and the facts of the case
| discovered.
The case is one of the most unusual
ever offered to the Kenosha County
| Court for g. settlement and on account
of the prominence of the people con-
nected with the contest it is expected
that it will be decidedly sensational
when it comes to trial. Martin has made a
formal application to have a copy of
the will admitted to probate and has
filed the application in the formal man
ner.