Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1910-02-17
ANNA EVANS ASKS THE DISTRICT
COURT TO ANNuL LAST TESLA.
MENT OF DECEASED SISTER
AND PROBATE ANOTHER.
SETS FORTH
Fl Err REASONS
CLAIM is MADE THAT A VERBAL
AGREEMENT BETWEEN DE.
CEASED SISTER AND PETITION.
ER SHOULD HAVE PREFERENCE

MIS- Anna Evans, sister of the late
MIS- Mary Sweeney, has filed neti.
tlon IN the district court asking thai
'ne instrument bearing the date No.
cember 81, 1907, purporting to be +bo
,tse WIN ana testament of Mrs. Swee.
10y, ue set aside, and another will
u.eu fn, september 16, 1907, be entered
ior probate. Mrs. Evans alleees ~
her petition that in an apreer,ant -
made during the life of the late Mrs
Sweeney, she was to be the sola ha;,
~ recognition of the services she Ind
rendered to Mrs. Sweenev and ~ NV tt.u
iatter's sister Miss Ellen I.allv nnn,
deceased. The title OF the s,,it II
Anna Evans vs.. John Sweeney Mar
garet Sweeney, Rev. n. w Hnnpr',
ReV. James Foley, Rev. James RmIsar
Rev. Francis Ward. ]. +. Smith q,
executor OF the alleged last viii, and
testament of Mary Sweeney dacaasad
and John Lally.
In her petition Mrs Evans racita,
her relationship with Mrs Swaara,,
and reviews the connection of tba
partidefendants In the s,,it with an
aecedent, Mrs. Sweeney. Then raj.
lows statement wherein Mrs E.ua,,,
is shown to have been reuuested RI
come to this city by both Miss Ta,lv
and Mrs. Sweeney to manare thai,.
household. She AYERS that she did
come to this city and that owing m
the age of both her sisters. the bpllr
OF the work fell upon her. FOLLOWING
the death of Miss Lally, which occur.
red November II, 1905, Mrs. Sweeney
is alleged to have made a proposition
10 the petitioner, whereby Mrs. Evans
was to become the sole heir In tbe
event that she continued to servo 90
helpmate. %
Recites Verbal Agreement.
Mrs. Evans states that she attended
TO substantially all the household d,,.
Ties, owing to the age of Mrs. Swee.
ney, and that during the illness or
Mrs. Sweeney it was necessary Far
her to leave her own room in the upper
portion OF the Sweeney home. corner
OF Marion and Fourth streets and
sleep on lounge In a room adioin.
ing that in which Mrs. Sweeney was
Ill. Mrs. Evans ayers that she in eyarv
particular carried out her part of the
verbal contract entered into by Mre
Sweeney and herself believing that AZ
the time of Mrs. Sweeney's death. she
was to receive all property, real and
personal, as promised.
The will made September 1e 1907
which carries out the verbal agree.
ment of Mrs. Evans and Mrs. Swee.
ney, is cited in the petition, as is the
VIII bearing date of December 21.
1907, and 1t Is this latter Will and
cod1cil which Mrs. Evans seeks to set
aside. She asks that all the property
left by the deceased Mrs Mary Swee.
ney be given to her by court order
and that the disputed will be set at
naught.
The Two Wills.
The will in which Mrs. Evans IA
shown as the heir is made part az
the petition. 1t sets aside 5000 or s4O0
Tor suitable monument to be placed
on the family lot in Calvary cemetery
and gives the balance Of the estate.
which included the family residence
on Fourth and Marion streets, and lot
NO. in Belts subdivision and all
the household furniture and effects
left at the death Of Mrs. Sweeney to
Mrs Evans.
me VIII which Mrs. Evans is con-
testing provides for monument cost
ing not less than 800; the sum Of 500
to Very Rev. F. w. Hopprnan to be
used by him for masses for the repose
of the soul Of Mrs. Sweeney and those
of her deceased husband, mother, sis
ter and daughter, and the gums Of $50
each to Fathers Foley, Bulger and
Ward for the same purpose A beuuest
OF $25 is left to the Calvary Cemetery
association for the care of the Swee-
ney lot, and the balance of the estate
is divided as follows One-third to a
sister, Anna Evans; one-third to John
Sweeney of Dayton, Ohio, nephew OF
the late Dennis Sweeney, and one
third to Margaret Sweeny of Dayton.
Ohio, a niece of the late Dennis
Sweeney.
J. ]. Smith is named as executor of
this will, which bears a date of De.
cember o. 1907.
The codicil to the will changes the
cause referring to monument and
increasing the sum from $700 to
$500.