Mexico weekly ledger., 1910-04-21
SUIT INSTITUTED BY
ADOPTED DAUGHTER TO
HAVE WILL SET ASIDE

4 suit was filed. Wednesday. By
Mrs Grace B. Cole, through her at
torneys, Allea stalrngs and E S
CAN'T, to have the viii of Mrs Sa.
rah F. Mcintyre. deceased. sci
aside ard held for naught Mrs. Sa
rah Berry Lowry and Frank p. Low.
~ are made defendants in the suit
Mrs. Mcintyre was the wife OF the
late d II MCINTYRE. at one time AT.
torney General OF the state, and
was in the asylum at Fulton. it is
said, at the time OF the making Of
her VIII.
The plaintiff states that on the
9Th day Of December. 1880, she was
duly and legally adopted the daugh-
ter OF Daniel II. Mcintyre and Su.
san p. Mcintyre. his wife. OF Au-
drain. County, Missouri. That Su,
Ism y Mcintyre died in December,
1904, leaving her husband and the
plaintiff surviving. but no bodily
heirs, no children having been born
TO this union. And that said Dan
lei II. McIntyre departed this life
on the first day of January, 1910.
Plaintiff says on the second day
of September. 1902, the said Susan
F. Mcintyre attempted to make a
viii which bequeathed her property
as follows: First. the petition cites,
Il give and devise to my cousin, Sa-
rah Catherine Berry. my farm in
Audrain county on the Paris and
Mexico roads and the Santa Fe and
Mexico roads, containing 100 acres OF
aud about 8 miles from Mexico: al
so 40 acres lying on said Paris road
about one and a half miles north of
Mexico; also tt the said Sarah
Catherine Berry lots /, ?, Z and s
of block 10 county addition TO the
town OF Mexico; also all personal
property, goods and chattels. of
whatever kind and wherever stu
ated, except as hereinafter except
ed"
The above property was willed to.
Sarah c. Berry. the will cites. on
condition that Sarah C. Berry have
the bodies Of Mrs. McIntyre's faith
er, mother and uncle removed from
the fathers farm in Bourbon coun-
ty, Ky. and reinterred in a lot at
North Middleton, in said county, and
erect a suitable monument with GER
tain Inscriptions, all the expense to
be borne by Sarah C. Berry. The
said Sarah c. Berry was also instruc-
ed TO buy a burial lot and erect
monument in the city cemetery at
Mexico, the expense of this to be
borne by the said Sarah C. Berry.
TO my adopted daughter, GraceI
B. Cole. ! bequeath the large fam
lily Bible and S1.00, the petition
further cites.
Plaintiff says will was probated in
Probate Court Of Audrain county,
December. 1904, and that at a date
IN which said attempted win was pr
lated. and for a time prior thereto
since, she was and Is the wife
Harry Cole. The plaintiff further
Illeges that at the date Of execution
II said attempted win and a long
line prior thereto. the said Susan F..
Aclntyre was of unsound mind and
Incapable Of making a win. That the
attempted will as set ont in theiI
PETITION was not the win Of Susan F.
icIntyre. but the win Of Sarah c.
'erTy, the chief beneficiary, and
Tho has since inter-married with one
rank P. Lowry. who is made a de-
sndant with his wife, Sarah Berryl
,owry. Is
The plaintiff in her petition furth-
r alleges that Sarah C. Berry Low- c
= had undue influence over the min +
( said Susan F. Mcintyre in its
hen weakened condition and BY per-.
1asion and coercion reduced the
ind OF the said Susan F. McIntyre
a state of vassadage and caused
or to make said will. !,