East Oregonian : E.O. (Pendleton, OR) 1888-current, 1909-07-30

Holding that the famous fourth"
mysterious will to the estate of The
late James w. Young of Weston. is
not entitled to be admitted to pro-
bate, County Judge Gilliland this af-
ternoon decided the famous will con-
test in favor of the contesting heirs
and against Mrs. Mabel Warner. This
settles the case so far as the county
court is concerned, but it will I'M
doubtedly be appealed to the circuit
court and from there to the supreme
court.
While the decision itself will prob.
ably occasion no surprise among those
who have followed the struggle in the
courts during the past three years,
It was not expected so soon. When he
nesday morning, the judge indicated
that he would render his decision just
as soon as possible and since that time
he has been giving almost his undi-
vided attention to its consideration.
The result is that he was able to ar
rive at a decision two or three days
earlier than was anticipated.
The judges decision contains the
bear statement that he finds the will
not entitled to probate. The findings
of fact have not yet been prepared oy
the attorneys and therefore have not
been signed by the judge. This will
probably be done tomorrow.
These must show one or both of two
things The court has either found
that the will was forged, that it vas
never executed or that it was both
forged and never executed.
Must Surrender Land.
An interesting feature in connection
with this decision is that Mabel War
ner and her husband will be forced
to surrender possession of the Young
wheat ranch In the northern part of
the county II will be remembered
that Mr. and Mrs. Warner took for
chile possession of this valuable half
section of land early last spring, or
Immediately after the fourth" will
was offered for probate.
When seen this afternoon, Attorney
d. w. Bailey, representing Mrs. War
ner said they would appeal their case
tomorrow and that they would rush
the appeal just as rapidly as possible.
He said the hearing in the county
court was regarded more as a pre-
liminary than a regular trial and that
the real fight would be made in the
circuit court, where much of the tes-
timony which was admitted in the
county court, would be eliminated
The attorney seemed very hopeful Of
ultimate victory and in this respect
reflects the feeling expressed by Mrs.
Warner since the inception of her
struggle for possession of the Young
estate.
The Decision.
Now on this day this case coming
ON for further consideration upon the
petition of Caroline Phillips, Nora
Watts. ct al, heirs at law of j. w.
Young. deceased. praying that the cer-
tain last will and testament OF said
]. w. Young, deceased, as probated in
this court on February 20, 1909, be
declared null and void, and the same
parties appearing as heretofore, and
now the court having heard all the
testimony of both contestants and the
contestee and having duly considered
the same, and the counsel for botn
parties having waved any and all ar
gument, and the court now being full
ly advised, 1t is therefore now consid-
cred, ordered, adjudged and decreed
by the court that the certain last will
and testament of ]. w. Young, deceas-
ed, as probated in this court on Febru-
airy 20, 1909, and bearing date OF ex-
ecution of Nov. 81, 1898, and having
as subscribing witnesses thereto the
signatures of S. V. Knox of Weston,
nroron and I,ouis Rapel of Weston