Daily press. [volume] (Newport News, Va.) 1896-current, 1910-12-09

| A sensation was created at meet
| ing of the creditors OF Boyenton a
! Co. insolvent bankers, yesterday ar
ternoon by the reading of the vii
of the late John w. Boyenton, father
OF the two brothers composing the
tirm The will, which directed tha
the entire estate, estimated to be
worth from $4,000 to $4,000, be held
| in trust for the heirs, with Henry
Lane Schmelz and Frank w. Darling
| as executors, has never been probat
ed and, il is said, had not been read
outside of the family circle.
| S. Gordon Cumming. counsel for a
number OF creditors. announced thai
| he would oppose having the will ad
| mitted to probate at this late date
| and would insist upon having the
court pass upon every phase OF the
| instrument.
Disposition Of Property.
The will bears date of 1903 and was
| witnessed BY X. NJ. Lett and Joseph
A. Massie. of Newport Newss After
setting forth that the debts OF the de-
ceased shall be paid, the will directs
| thss the entire proceeds from the es
| ate shall be held in trust Tor the
heirs. Ten per cent. of the gross IN
come is to be invested by the exectors
| In real estate 20 be held in trust. while
the remainder of the income is direct
ed 20 be divided-two-fifths to MISS
Carrie Boyen;on. one-fifth each to John
lie. BoyentoN w. Scott Boysnton ana
George l.. Boyenton. II is explained
| that the one-fifth of William II. Boy
enton is given to Miss Boyenton at me
request of the brother for her lie
| lime. II Is further set out that tine
| executors shall pay to the widow Oh
each child the income of his snare.
At the death of all the surviving chill
dren the property in general is to be
! scld and the proceeds given TO the
grandchildren, each grandchild to re-
ceive his or her pro rata share OF MS
or her father The will covers hve
pages of typewriter matter.
Named Executors.
Henry Lane Schmelz and Frank w.
Darling were named as the executors
| of he will, and the dead man. directed
that they should be allowed to quarry
as such without bond and that there
Should be- no appraisement made OF
| the estate.
Following the reading of the Will,
| after afr. Boyentou had objected TO
| its introduction. Mr.. Cumming. one OF
the ATTORNEYS for the creditors, ques-
| toned Mr.. Boyenton as to why the
4 ID MT m nr0-
/ bate ard why the executors were nOs
in charge of the estate Mr.. Boyenton
said when his father died there was
! contract at the National soldiers
Home unfinished, and that 1t was de
cided rot to probate the will until this
had been completed. The contrac'
was completed within three months
after the death of John w. Boyenton
( but the will vet remains unprotected
Mr.. Boyenten said that the matter oil
p-ooating the will was due to his own
| negligence and denied most strenu
ously th5t the will was kept a secre'
| in order not to let the general public
and The depositors of Boyenton & co
In particular. know its contents
| Asked if he did not think that the gen
sral depcsitors thought he and MS
brother were large iegatees Under the
will. Mr.. Boyen,on said that he nas
net considered this in holding the VII
back. 1t was simply case OF negiec'
upon his par, to attend to mattel
of ,robating his fathers will, which
named two OF the most prominen'
ananeiers in Hampton as the execu
tors. He said be thought Captain Oar
ling ard Mr.. Schme!z were aware o.
the contents Of the will
Can't Tell Value Of Estate.
Mr.. Boyenson said he could not tel
he exact value OF his fathers estate
lie said that since the death OF NJ:
father the proceeds were tarnec owe
"a h1m and deposited with BoyentoI
a Co, CT Hampton he explained ina
his father's estate never carried a De
post in the Bank Of Uppervilie. a.
\ .hossh the records show an oyerdras
There charged 10 the estate Of sS0i
I've explained this occurred vhea h
used one Of the checks on that banl
TO send his brother. George l.. ,Boyer
ten. He gave no explanation Of hos
the proceeds OF he estate had bee
divided. or whether the provisions o
the viii we're carried out By him
When the examination OF the wi
was concluded. Mr.. Cumming ar
nounced that he viii contest the Dape
!, and win attempt 20 have the one-nft
/ Of John Boyentcn and the cne-hft
I naturally due W. II. BoyentoD d
] ciared assets OF the bankrupts and !
this event the money VIII - to IN
I credfors Of the three insolvent bani
ing institutions. Tho ether attorney
rcnr-sentlnn Hannslfora crrcurrcd I