Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1911-10-01
Council Bluffs
AGED WOMAN'S WILL STANDS
Jury at Glenwood Returns Verdict
Holding it Valid.
FORTY THOUSAND INVOLVED


Mrs. o. II. Lucas returned yesterday
from Glenwood. where for the previous
three days she was assisting her brother,
Senator Shirley Gilliland, conduct the de-
Tense in the suit instituted by the heirs
TO break the will OF Mrs. Elizabeth Mar
tin, involving $4,000 In addition to the
sisterly pride in her brothers success
Mrs. Lucas, as one Of the original orga-
nizers OF tho WomRns Christian associa-
ton, founder OF the Jennie Edmundson
Memorial hospital, was interested in the
case on account OF bequest OF 5000 TO
the hospital She returned bearing the
tidings Of complete victory. The will also
contained a bequest of 5000 to the Meth
odist hospital In Omaha
The case was tried in the district court
before o. d. Wheeler and was a jury
trial II required three days. The jury
brought in a verdict between u and
o'clock yesterday morning.
Hospital Remembered.
Mrs. Martin was a wealthy widow who
had lived in Mills county. near Glenwood,
since 1852. Mrs. Lucas had been known
and loved by the old lady from girlhood.
and Il was In recognition of this conf
dence that the bequest was made to the
hospital, for Mrs Martin had never seen
It or known anything of It's work. Mrs.
Martins will was made March Z, 1910,
shortly before her death, and was the re-
vision of a former will. Mrs. Martin was
In her eighty-first year at the time the
will was made. and this fact coupled with
the many charitable requests, was seized
upon by the collateral heirs as the pre-
text for breaking the will, on the ground
that she was OF unsound mind at the
time. The will gave $4,000 to the Young
Mems Christian association at Glenwood
for direct use. and 5000 which was TO
yield an income for the care of one Of
Mrs. Martins dependents, going to the
association at the death of the benefit
ciary.
Heirs Seek to Break II.
The distant heirs, all OF whom had
been remembered, employed Lew T. Cen
ung and former Attorney General John
Y. Stone to bring the suit to contest the
will, upon the agreement TO give them
30 per cent OF the amount recovered,
which would have been the entire $4,000.
Strong testimony was adduced TO show
the soundness of the mind OF the aged
woman. DR.. James Donelon, who had
been her physician since 1888, testified
that he had seen her almost daily until
her death. and that there was not a
mement when her mind was not clear and
strong. other witnesses wer equally
competent and certain. The bulk of the
property was devoted to charitable pur-
poses. In addition to the other larger
requests were these:
Glenwood public library, earnings to be
| used for purchase OF books, 5000.
Martins chapel, Platteville, 1900.
Methodist hospital at Omaha, 1000
TO her sister. Mrs. Dwight Bennett,
900.
To her nephew, James Rhoades, $500.
10 her niece, Luelia Vinton. 500.
To children Of her deceased sister, Jane
Hoey, Frank, Milton, ella, Mary and
Elizabeth 600 each) 81 600,
TO children OF her deceased brother,
Harrison Powell-Emmett, Samuel, Jason,
Milton, Ida and Ada to be divided equally
$1,000.
To Mrs. Anna Kemp, $1,000
To Mrs. Marian Kemp, 5000.
To Mrs. Mary Rhoades, the frame house
near the home place.