Omaha daily bee., 1910-01-23
CREIGHTON WILL ADJUSTED
Girls Home Gets $4,000 and Heirs
Will Cut Up $4,000.
THREE JUDGES GIVE DECISION
Bequest for Working Girls Institu-
tiOn is Valid, Says Court, and
Home Must share In Division
of Residue of Estate.

By decree of district court the heirs Of
Count John A. Creighton are to receive
$75,0 900 OF the $780, 900 residue of the estate
and the working girls, home is to get
$751; 900.
The three Judges of the court who gave
the decision Saturday morning held, first,
that the tenth paragraph Of the will, which
makes a $50, 900 bequest for the working
girls home, is valid. It was contended for
the heirs that this clause OF the will is
vague, indefinite and uncertain. leaving
a doubt as to the whole intent of the tes-
tator; particularly as to who the bene-
f~iciarles should be.
The judges disagreed with the assertion,
saying that the object Of the bequest was
clear enough, and that details of the
scheme can be worked out Satisfactorily
by the trustees.
The second question before the cour: in
volved the thirteenth paragraph OF the will.
1t is this clause which devises the residue
of the estate.
1t was In contention whether or not the
working girls home is one Of the specific
legatees to whom the residue is devised.
The court held that 1t is.
The third question before the court grew
out Of the second and was the really per-
RACNAAAb OhN Va INV ~ ~ VOC " NAAN
residue Of $4,000 was to be cut up.
Residue a P~erpIexinE oueHfiOn.\
Count Creighton In his Will bequeathed
any residue there might be to all specific
l~egatees mentioned in his will in such pro-
portion as eaoh legacy bore to the who'll
estate. Had he bequeathed the residue in
such proportion as each legacy bore to the
whole amount deutschland this is I'M
doubtedly what Count Creighton intended
10 do-there would LAY been nothing for
the sixteen heirs in the way of residue.
The difference may be illustrated thus:
A man with an estate Of $1,000 bequeathes
the sum Of 800 to A, 800 to B and 500 also
to c, ID, and E. There is left a residue
of $500. Now each specific beauest is one
fifth of the total amount devised, but only
one-tenth Of the whole estate.
II me specific legatees get a share OF the
residue in such proportion as each legacy
Is the whole amount devised, this share is
500 each; in proportion to the whole es-
tate. the share is $50 each.
Count Creighton intended, said the three
judges, to make his will the first way, but
actually did 1t the second. All three judges,
Redick. Troup and Estelle, expressed regret
that the order Of the court must follow
the plain meaning OF Count Crsighton's
will as written. although the testator in
tended to do something other than he did,
Heirs All OmahRnb but One.
The $4,000 which is left for the heirs will
be divided among fifteen men and women,
who are these:
o. ID. Creighton, Martha G. Ittnyre
Katherine C. MeGinn. Catherine M. Furay
Ellen NJ. Cannon. James II. McShane, Johr
A.. Moshane, Felix ]. Meshane, James II
McCTeary. Charles F. MeCreary, wallae,
w. McCreary, Joh9eA. McCreary. Emme.
McCreary. Mary N. Daxon and Mary c
Shelby. All OF these live in Omaha exesp
Mrs. Shelby. who Is a resident Of Neigh
The decision does not wholly pleas,
either side and II will probably be tough
through the supreme court.