Omaha daily bee., 1909-03-30
CONNOR HEIRS WIN A POINT
Relatives Achieve Victory in Block
ing Probate Of Will.
COURT SAYS HE DIED INTERSTATE
Judge Leslie's Decision IN First CHI
max of FiEh For Three Hundred
aud Fifty Thousand Dollars
Big Thing for Family.

The relatives Of the late Joseph A. Con-
nor have won the first battle in the con-
test over the $4,000 estate left by Connor.
County Judge Leslie handed down a decis-
ion at 2 o'clock Monday afternoon, refusing
to admit the copy Of the will to probate
and finding that Conner died intestate.
Smyth & Smith. attorneys for the trus-
tees, will file today an appeal to the dis
trict court.
Judge Leslie's decision in brief was that
in his opinion. Conner destroyed the will
with the intention OF revoking It and that
evidence otherwise Is insufficient. After
reviewing briefly the law and the evidence
the court concluded:
Taking into consideration all these facts,
taking into account his habits of life and
the reputation of these inferentially at least
suspected of having destroyed the will, and
further that the disposition OF the estate
by the terms of the will was a somewhat
unnatural one In that so small a share OF
the estate was given to those who would
naturally be the objects of the testaar's
bounty, and that Mr.. Connor had made
many wills and had mt shown a disposi-
tion to adhere TO any one scheme for the
distribution of his estate, I do not consider
that the evidence Is sufficient to overcome
the presumption that the will was de-
stroyed by Mr.. Common with the intention
of revoking II. l do not think he intended
TO die intestate but conclude that he decided
to change his will and that he destroyed
it himself intending to revoke It and that
he died Unexpectedly before carrying out
this intention. 1 shall therefore refuse to
admit the copy of the will to probate and
find that he died intestate.'
Judge Leslie in a preceding passage de-
clared that he did not think Conner ever
conceived any intense dislike for the bishop,
for the will was executed after whatever
alteration he had, or imagined he had,
had taken place"
The reading of the decision was heard by
Mrs. Ellen O'Connor and Miss Grace Con-
nor OF the relatives. or the attorneys In
the case all were there except Judge Sulli-
van. The decision was heard without ex-
traordinary manifestations OF pleasure or
disappointment by either side.
Five 20 share In Fortune.
II the relatives are finally upheld,
Connor's SS5O,OOO estate goes to five per
sons by their own agreement. these being
Ellen Jane O'Connor, a half sister of Con-
nor, Mrs. Bridget Hynes of Colorado
Springs, another half sister. Mrs. Mamie
Sperry of Aurora, ILL.,, who is a niece, Mrs.
Mary Lambo of Chicago, who is Mrs.
O'Connor's daughter, and Grace Cook Con-
nor, the adopted daughter of the testator.
Should the trustees win these relatives who
the beneficiaries for various sums under the
will may lose all, because of t clue void
ing the requests in the event of a con-
test.
The provision relating TO endowment of
parochlal schools in the will refused admis-
sion to probate is as follows:
1T has long been my wish to aid so far
as able without injustice to my family rela-
lions, in the establishment of five or six
parochial schools in the city of Omaha, or
The diocese of Omaha, for the education OF
children in the Catholic faith. With this
object in mind l do hereby devise to the five
trustees hereinafter named, and to their
successors all my estate remaining after
the foregoing provisions of my will have
been carried out, and they shall form r.
corporation or organization under such pro-
visions of the laws of Nebraska as may be
advised for the purpose Of building and
maintaining five or six parochial schools
I'm the different parishes and the city of
Omaha. Such schools shall have over the
door in letters at least twelve inches long
the words: The Joseph A. Conner Pa
rochial Schools The trustees and execu-
tors are named as follows: 1 hereby ap-
point the Catholic bishop of the diocese OF
Omaha, the president Of Creighton univer-
sity, Edward r. Duffie, Patrick Duffey
and Alfred Willard executors of this my
list will and testament, hereby revoking all
former Wills made by me-"