Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1910-12-06
Agreement Reached Out of
Court--Terms Not Known.
Report Says Mrs. Brown
WithdraWs for $40, 900
FACT OF AGREEMENT is
ONLY MATTER RECORDED
Details Closely Guarded by All
Parties---Not of Agree
ment Filed Monday--Tech
Still Gets Substantial Share

An amfcable settlement has been effect
ed in The contest over the will of the
julius L. Brown. brother of Gov. Joseph
NJ Brown. and his widow, now resi-
dent of Chattanooga, has withdrawn her
caveat filed upon the will in the ordin-
ary's court of Fulton county.
The settlement was reached last Satur-
day. The terms of it are not known,
save one-that its details should not be
divulged. That term at least is being
strictly observed thus far. for nothing
can be learned from any of the parties
familiar with the other details.
Col. Tomlinson Fort, brother of Mrs.
Brown; Governor Brown, executor of his
deceased brothers estate; X. G. Mathe-
son, president of the Georgia School of
Technology, and Col Nat E. Harris. OF
Macon, chairman of the board of trus-
tees of that school, which was one of
the beneficiaEies of the will; and w Car
roll Latimer. of the Atlanta law firm of
Watkins & Latimer, associated with Col
onel Fort as counsel for the latter's sis
ter-all of these decline to discuss the
terms of the agreement
The fact that il has been reached Is
the only matter of public record Judge
Wilkinson, ordinary of Fulton county,
states that he knows nothing beyond
ties reached their agreement out or
court and evidently intend to keep its
terms among themselves.
MRS. BROWN GETS $4,000.
A dispatch from Chattanooga states
terested parties in Atlanta Mrs Brown
will receive $4,000 cash.
This can neither be confirmed nor re-
futed upon authority of any of the in
terested partines in Atlanta. Mrs Brown
is not among those here. -
At the filing of the agreement Mon
day morning at 10 o'clock, in ordinarys
court, We're present Colonel Fort. Cover
nor Brown, President Matheson Colo
mel Harris and Mr. Latimer.
This meeting resulted in the signing
and filing of another paper which is not
altogether lf-explanatory-that IL the
Georgia School of Technology does nor
receive it's share (or words to this eff
fecD in 30 days. the amount shall draw
interest at per cent from this date, De-
cember 5.
The only clear assumption that can
be drawn by outsiders from the fact
that an agreement has been reached
and the caveat withdrawn, is that after
Mrs. Browns new share in the estate
has been turned over to her, the re-
mainder shall be subject to the original
terms of the will. This instrument
now stands on file without protest
against II.
Another assumption seemingly per-
mitted by the information at hand. Is
that Tech gets something substantial,
though doubtless considerably less than
was originally willed to it by the late
Mr. Brown.
Under the will, Mrs. Brown, widow Of
the deceased, was to have one-half the
income of the estate after the other
grants, including that to Tech. had
been settled.
Through her brother, Colonel Fort,
and his Atlanta associates, Watkins
and Latimer she filed a caveat upon
the will on the following grounds:
That the deceased lacked testamentary
capacity; that undue influence had been
brought to bear upon him; and that
the will was illegal under section 327i,
of the Georgia state code Of 1895,
which reads as follows:
mo person leaving awife or child.
or descendant of child, shall by will de-
wise more than one-third of his estate
to any charitable, religious or educa-
tionaI or civil institution to the exclIss-
ion of such wife and child"
Mrs. Brown represented that her half
share in the income of the estate was
an annuity and not an estate to dis
pose of as she saw fit; that she had a
lawful right to a share in the property;
and that until her share was received,
none of the other terms could be legal.