The sun., 1909-02-20
MABEL GETS SMELL WEALTH
LIE TER WRITING GRANDNIECE
WINS WILL CASE.
Supreme Court Finds That Aged Mans
DepraNity Is Not Admissible Evidence
OF Inability TO Make q VIII and Up
holds Document Disinheriting His Son

SPRISoFIELD. ILL.,, Feb. 19.-Mrs.
Mabelle Smell Mcnamara, the famous
letter writer OF the Smell will case. has
won her fight for thousands of dollars OF
the late Col. SHELLS 81, 900 900 estate, while
the Colonel's only living son, Richard
stands disinherited.
In decision handed down to-day the
Illinois Supreme Court holds that the
Dewitt county Circuit Court erred in set
ting aside the Colonel's will, which was
contested by the son on the ground that
the eccentric millionaire was insane when
he wrote il.
The son maintained that Col. Smell was
unbalanced mentally and that this was
indicated by the volume OF letters he
received from his women friends, and TO
support this contention the son intro
duced in evidence scores Of letters
which probably are without parallel
in Illinois court history. Most Of them
were identified as having been written
by Mabelle Smell, the old mans grand
niece, now Mrs. Mcnamara of Kansas
City.
Under the will and its codicils Mabelle
Smell received an annuity in addition TO
valuable property. Richard Smell got $50,
The remainder Of the estate was TO be
held in trust until the youngest living
relative Of the testator should reach
maturity.
Richard Smell. representing the several
disinherited relatives filed suit 10 break
the will. The first trial resulted in
hung jury. The second trial held at
Clinton, broke the will giving to Richard
Smell approximately 500, 900 in real estate
and bank stock.
The case was carried to the Supreme
Court by the attorneys representing
Mabelle Smell Mcnamara, who did not
deny the authenticity Of the letters in
troduced by Richard Smell, but who
argued that they were not evidence OF
insanity.
tention, saying: The existence OF i'm
be no reason at all for setting aside a
will and would not Of themselves prove
undue influence"
The Court holds that there was no evil
dence that Mabelle Smell ever spoke or
wrote to Col Smell about the terms of his
win. The Circuit Court erred in even
considering her letters TO Col. smell.
competent evidence on the question Of
testators mental capacity 10 make a
will" the Court continued, -and SMELLS
memoranda on the backs Of the letters
shows only moral delinquency. II has
no tendency 10 show either insanity or
undue influence.
If he was dissolute and profigate and
his conduct was disgraceful and repre-
hensible il would not effect his ability
to make a will. Evidence which tends
only TO blacken the reputation of testator
is not admissible. and the court in ad-
mitting il was both erroneous and
prejudicial."
In the Colonels trunk along with
letters from Msbelle Smell were found
similar communications from minister's
wife and other women in Clinton. They !
showed that while the old millionaire !
was planning to dsnhert his only son |
he was lavishing gifts of money and
on his women acquaintance.
The memoranda 10 which the Supreme |
Court refers consisted Of penclled nota |
tions on the letters in the trunk, identified !
as the Colonel's handwriting, This is a |
good one" and -be sure and read this |
one. il s the hest ever got" were typical
he made on his letters. He
was more than 90 wears old when he died