Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1909-07-17
SON OF AGED MILLIONAIRE WINS
SUIT TO SECURE BULK
OF ESTATE.
SMELLS YOUTHFUL AFFINITY
TO BE DEPRIVED OF WEALTH
Jury Decides Aged Man Was Ineem-
petent to Properly Dispose of Fortune
Horrible Depravity Of Smell and
Women Exposed at Trial-Had Much
Property in Iowa.
Special to Times-Republican.

Special to Times Republican.
Clinton, ILL.,, July 1.-THE third con-
test over the will Of Col. Thomas
Smell, the eccentric old man who died
leaving an estate of s2Ooo,0o0 part
of which is located in Fort Dodge, Iowa,
and cutting his only son off with an
annuity of $50, was ended last night
when jury decided that Col. Shelf
was insane at the time he made the
will.
This decision sets aside the bequest
of several thousand dollars to Mabelle
Smell Mcnamara, the aged colonel's
affinity and favorite grandniece.
The jury was out little more than
an hour and took but one ballot, which
resulted eleven to one for the contest
ing son, Richard Smell The dissenting
juror changed his vote without the for
mality of a second ballot.
The first trial of the contest resulted
in a verdict that Col. Smell was insane
but higher court set aside the verdict
and remanded the case for another
trial.
Heirs Allowed $1,000 a Year.
If the will had stood the legal heirs
would have received, all told, annuities
aggregating $4,000, and not exceeding
$1,000 in any single case, while the resi-
due OF the fortune would have been held
in weird trust agreement for heirs
yet unborn.
On the date set for final distribu-
! ton, in the terms of the will the es-
| tate would have grown probably to
500 900, 900.
Just before o'clock this evening the
instructions were given to the jury
The proponents had thirty and TIKI
contestants eleven. Two special inter
negatives were given the jury, and or
these being answered affirmatively the
contestants based their hopes They
are:
Was Thomas Smell at the time OF
execution of the alleged will and each O
the codicls thereto influenced ant
controlled in the making and execution
thereof by any insane delusion concern,
, ing his son Richard Smell? Answer ye
or no."
The jury answered Yes"
Was the said Thomas Shell at the
times of the execution OF the ALLEGED
will and each Of the three codicll
thereto laboring under an insane de
V fusion that the contestant, Rdchar
$ Smell, was not his son. and was he in
: huenced and controlled thereby in tn
making Of said instruments? Answe
yes or no."
The jury answered Yes"
Horrible Deprsvity Exposed.
The Shell will case will go down 4
: one of the most amazing instances c
the depths to which women have de
: scended TO gain money.
The most sensational feature OF a
\ three hearings of the case was the in
i PRODUCTION of letters from nearly
d score of women, young and old, all {
whom professed to love the aged mi
t lonaire madly.
= To cater 10 degenerate tendeno
It which appeared to be one of Colon
:. Smells senile vagaries, the women il
y terlarded their letters with unprin
: able obscenities. The more vulgar IL
d tone of the letters the better please
the old man appeared to be, and
n was found when the letters were e.
X posed that he had formed the hat
lie Of marking them with his impression
n Bully letter" and "tlre best she ev
sr wrote me- were two Of the notes
I'd the coloners handwriting which a
or tested his keen enjoyment of coup
le of the worst examples of his graz
ls niece. Mabelle Smell McNamara's CO
I'd respondence