The Salt Lake herald-Republican. [volume] (Salt Lake City, Utah) 1909-1918, 1910-05-11
OLD HOME HINGES
ON PUNCTUATION
Period or Comma in Old Ham,
iit0n Will to Determine
Division.
PAPERS RETURNED TO FILES
MISSING FOR TWENTY YEARS
DOCUMENT IS BACK AGAIN.

Upon the construction of a will, filed
% years ago in the county clerks Of
lice, hangs the ownership of the old
Hamilton homestead at Mill Creek.
valued at several thousand dollars, and
the whole question of the intent of
James l. Hamilton hinges upon wheth-
er a period or a comma was written
into the will The property will either
be awarded to the four sons OF the
six daughters of James l. Hamilton
who died on November 9, 1876, at Mill
Creek, leaving a widow and ten chill
dren.
For 20 years the will has been
out of the clerks office, and it is not
known by what means 1t was allowed
to get out of the files 1t has been in
the possession of attorneys for the
Hamilton boys, and not until a few
Gays ago was it known that the will
had ever left the clerks office. When
II became known to Mrs. Margaret
Zane Witcher. county clerk. that the
will had been taken from the files
she called upon the attorneys to re-
turn II, and it is now again a part of
the records of the office.
The Hamilton boys, now grown men,
claim that their father placed a period
in the will, thus leaving both the
homestead and the farm to them,
whereas he only gave money to the six
girls Feeling between members of the
AdtAAAAg AdS BIOWu acute during
late years, and it is probable that the
matter will be taken into the district
court in a short time to determine the
meaning Of the instrument
PrObated in 1873.
The will was admitted to probate on
November Is, 1875, by Probate Judge
Elias Smith. It was witnessed by Ed
ward FairbouTne and William D. Park.
At the time Of death Mr.. Hamilton was
81 years old
In the will Hamilton gave the home
stead to his widow, Mary Ann Hamii-
ton, during her lifetime, in case she
did not re-marry. But If she re-mar-
ried, the homestead was to go to the
boys, John c, James c., Joseph and
William II. Hamilton Further in the
Will, all written in the hand of Mr..
Hamilton, with few punctuation marks
and scant capitalization, il states that
the four girls were to receive the fol-
mother: Sarah Jane 800; Elizabeth,
$50; Caroline, 800; Charlotte, 800;
Nora D., 500, and Priscilla, 500.
Then comes the question which has
caused estrangement in the family and
may result in court action. The will
states and Priscilla 500 in connec-
ton with the homestead at my wife's
deceaSe l wish Divided Among My Four
Boys the farm of thirty acres" After
the "S100" there is either a period or
a comma, determining the disposition
OF the homestead.
The sons have had an expert examine
the will with a strong magnifying
glass for the purpose of determining
whether the mark is a comma or a pc
Rod. but no conclusion has yet been
reached. Over the Ink mark there IS
a pencil mark, making it appear like a
comma The will is being carefully
guarded in the county clerks office |
now, after twenty years, and it will |
not be allowed out of the office. except |
when taken into court in case legal ac-
ton is brought to finally determine |
the exact meaning of the instrument. |