Daily capital journal. (Salem, Oregon) 1903-1919, 1912-03-22
DECIDES TWO
IMPORTANT
WILL CASES
JUDGE GALLOWAY SUSTAINS DE.
CISION OF PROBATE JUDGE
BUSHEY IN MT. ANGEL CASE
AND SUSTAINS VALIDITY OF.
THE F. NJ. SMITH WILL.

The st, Benedictine Abbey Of
Mount Angel, the head of which is
Rev, Placidus Feurst, scored its sec
ond victory in the courts today, when
Judge Galloway rendered a decision
upholding a will made in favor of
the abbey by Rev. Emmeran Wendl,
who died there on November 2S,
1910, giving all of his property, per-
sonal and real, to the institution.
Wendl came to the abbey year
or so before his death. and. finding
1t to his liking, desired to remain.
On condition that he might remain
and be cared for during his life time,
and a suitable funeral be given him,
by a contract he conveyed to the alb
bey his property, consisting of a
mortgage for $4,000, and also some
other things of value. Just prior to
his death, in order to make every
thing sure, he made out will en-
bodying in 1t the same terms as in
the contract.
He left brother and a sister at
Milwaukee, Wiscousin-John and
Regina Wendl. When the will was
filed for probate, they attacked It,
declaring that Rev. Wendls name
had been forged to 1t. According to
the terms Of the will, he left them
500 and an insurance policy for
$500 to be divided equally between
them, and this was turned over to
them. In support of their charge of
forgery, they placed handwriting ex-
perts on the stand who testified that
in their opinion the name Of Wendl
was forged to the will.
The two subscribing witnesses tc
the will-Urban Fisher, a priest al
the abbey and Thomas Meier, a bank.
er at Mount Angel, however, testi
fed that Wendl signed the will IL
their presence, and also that no un
due influence was brought to bear OF
him to do so. In the probate cour
the will was upheld. The contes
tants appealed to the circuit court
Judge Galloway presiding, who, af
ter examining the evidence and find
ing that the evidence of the two sub
scribing witnesses stands unim
peached sustained the county Judge
holding that this is the best evidence
and that the expert evidence canno
be given credit over it.
Smith VIII Sustained.
In an opinion rendered today
Judge Galloway upheld a will mad
by F. M. Smith, December 8, 1906
devising all of his property amount
ing to about 100000 to his sister
Sara Durbin, mother Of Frank Dur
bin, sustaining the decision of Coun
ty Judge Bushey in the case.
+. M. Smith died about two year
ago. He wrote the will himself, ant
had it signed by c. w. Yannke, ant
l.. b. Hixon, as witnesses. When 1
was filed for probate with the coun
ty Judge, nieces and nephews, child
rem of deceased sisters and brother
Of Smith, began proceedings to con
test 1t, alleging that the will had no
been executed as required by stat
ute.
They alleged that the two wit
nesses had not signed the will in tn
presence of Smith which is require
by the statute The evidence wa
conclusive as to Hixon signing in tn
presence Of Smith, but a little uncer
tain as to Yannke. After a full in
vestigation of 1t, however and ais
search Of the law on the subject
Judge Galloway arrived at the con
cluson that Yannke had also oh
served the formalities of the law 4
signing the will, and rendered a
opinion sustaining the county cour
nnggp M nlTn