Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1910-02-07
DAUGHTER, MRS. AMELIA CARR.
GAN, OF GRINNELL, SEEKS
TO BREAK WILL.
WAS CUT OFF WITH $500
AND BED AND BEDDING
Property Involved in the Contests is
Valued $4,000, Which includes s12,-
600 in Cash-Contest centers on Her.
man Wits. the Executor Named in
the Will.

Seeking 10 break the will Of her
father. Peter Christ Schumann. of JET
ferson township. who left property
valued at $4,000. the contest brought
by the daughter, Mrs. Amelia Garrigan,
of Grinnell. was begun in the district
court this morning. The case had been
especially assigned for trial today by
Judge Parker. The attorneys inter-
ested expect that the trial viii con-
sumo all of the week.
Because she was cut of with q be-
quest OF $l.50o and one bed and proper
bedding ana no more" as the VIII
reads, AIRS. C;a,risan is now seeking to
break the WILL Which beQuea thed the
bulk of the properly 10 Mrs. Garrigan's
five. brothers.
Executor Named Attacked.
Mrs. Garrigan bases her contest, as
set forth in her objections to the al
lowance and probating of the Will, on
the allegation that her father was men
tally >lnsound and incapable OF max
ing a valid viii at The time the one
in contest was made. 1t is dated Aug.
I, 1907. Schumann died on Feb. IS,
1909. Not only do the objections de-
clare that Schumann was mentally in
capable Of making will, but in adj
dition il is claimed that for at least
Two years prior 10 his death that he
was mentally incapable of transacting
any business.
1t is also declared i'll the plaintiff S
objections that Herman Wits who is
named in the will as the executor. pro-
cured the will, and that the will is not
in fact the VIII of Schunann but the
will of Willis. it is further claimed
that for a long period of time prior
TO Schumann's death Willis transacted
all Of Schumann's business, and that
Willis procured the will that he might
be, named executor OF the estate.
The defense of the executor is that
the will is the true will of Schumann,
and that he was mentally capable and
did make the will.
Left Large Estate.
The estate which Schumann left con-
sists of real estate and personal prop
erty. According TO the inventory of the
executor the personal property totals
s145l5. OF this amount close to $4,000
was in actual cash and certificates OF
deposit Almost $1,000 was represent
! ed by notes.
! The real estate consists of 2i0 acres
! of farm land in Jasper county, 120
acres near Laurel. two houses and lots
/ in Laurel, and three vacant lots.
Sons Get Bulk of Estate.
Schumann had been married three
times. At the time of his death there
survived him his third wife, Barbara
( Schumann, and six children. The chill
dren are Gustaf, Albert, Christian
I August, Mrs. Amelia S. Garrigan, and
Fritz Schumann. The last named is
the son Of the third wife. The other
| five are children of the second wife.
| According to the will the wife, Bar
/ bara, is given her lawful share of one
third, and in addition s400. The daugh-
ter, Mrs. Garrigan, Is given $500, one
bed and bedding, and the rest is d.
vided equally among the sons. From
the share that was Willed to the sor
Christian, the sum of $500 is to be de-
Quoted, it representing a sum previous
ly advanced to him. BY this division
the sons will each get approximately
$4,000.