The Owosso times. (Owosso, Mich.) 1897-1926, 1912-08-16
Quinn Will Upheld.

Quinn Will Upheld.
| Corunna, August 12.-The will of
Mrs. Bridget Quinn, deceased, has
been sustained by decision of Judge
Matthew Bush in the probate court.
Litigation that consumed 20 days in
actual trial, in therefore brought to
a close, so far as the probate court is
concerned. 1t is believed, however,
that the contestants will appeal the
case to the circuit court.
| Mrs. Quinn resided on Clinton
street in this city, prior to her death
about year ago. In her will she left
about $1,000 to Mrs. Frank Mozart
ney OF Rush township, and in various
amounts remembered a number of
her relatives. Before her death, she
had given to Mrs. Mccartney, certifi-
Gates Of deposit and other valuable
gifts, making Mrs. McCartney's share
in the estate approximately $1,000.
| The contest of the will was bitterly
fought in the probate court, and in
the hope that compromise might be
reached, Judge Bush withheld his de-
cision for several weeks. On May A.,
last, the trial of the case was COM
pleted The attorneys in the case
were notified of his decision Monday
morning.
The defendants in the case were
Mrs. William Cunningham of Dexter,
William Quinn OF Battle Creek and
Mrs. Mccartney. The contestants
were Mrs. Margaret Saul and Patrick
Jordan of Morrice and Mrs. Charles
Mcnamara, residing near Corunna.
The estate was valued at about $15,-
900.
The Courts Opinion
In his opinion on the Quinn case,
Judge Bush said:
"The question involved in this
case, arise over the probating of the
will of Bridget Quinn, deceased. The
matter has been strongly contested
and large number of witnesses
sworn by both the proponents and
contestants and the great mass of tes-
timony so furnished, Is to a large ex-
tent. conflicting. Mrs. Quinn was an
time the will in question was execut-
ed. She had been an energetic and
robust woman until the last ten or
twelve years of her life, during which
time, by reason Of her advancing
years and some diseases, somewhat
incident to old age, she became quite
feeble and was so at the time she ex-
ecuted the will. The will, however,
Is very simple one, having no ques-
tions involved that would require
more than very moderate mental abil-
| ity, to understand, and / think Mrs
Quinn had sufficient mental ability
to understand and execute the same,
provided such execution was without
undue influence.
81 am Of the opinion. considering
| all of the testimony presented, that
while undue influence may have been
exercised over her, in connection with
some of the property transactions, /
do not find that any such influence
was exercised in connection with the
making of this will. Weakness Of
mind and forgetfulness are not suf-
fcient to invalidate will If it appears
that the testator's mind was capable
of attention and exertion when arous-
ed and not imposed upon.
! THE will names Frank Mccartney
as executor and also trustee of a trust
fund mentioned in the residuary
clause of such will. 1t is claimed by
the contestants that said Frank Nc
Cartney and his wife, short time be-
fore the death Of said deceased, in
fuenced her to convey to them, a
large part of her estate and consider
able testimony was offered to that eff
feet.
| 81 mention this for the reason TN 1T
the transactions referred to are liti-
cation and other or further proceed
Iings may be desired to be taken by
parties interested and the will being
admitted to probate would place the
executor named In the will. If he Is
ALLOWED to qualify and act as such ex-
ecutor, in a position in which his
personal interests would be largely
in opposition to his duties as executor
for which reason / must decline to APP
point or allow Mr.. Mccartney to quail
ify as executor. The question of the
trust fund and Frank Mccartney as
trustee will be held for further con-
sideration.
"The special administrator, Gus
tav' F. Friegel, is hereby appointed
administrator with the will annexed
of said estate"
Dyspepsia is Americas curse: Bur-