The Leon reporter. (Leon, Iowa) 1887-1930, 1913-06-12
WILL CONTEST WILL.
Brother and Sister of Deceased Bank
err Will Contest Request of
100000 to COryuOn.

Some months ago we published the
| will of Allen Walden, an eccentric
! citizen OF Corydon, who left his en-
tire estate of more than 100000 to
the town of Corydon for public i'm
, provements. The will is now going
to be contested by Walden's brother
and sister, as will be seen by the
following item taken from the Cory
don Times-Republican. How much
better for all if Mr.. Walden had Civ
en- his money to the town before his
death, and then much expensive liti-
cation would have been avoided.
And in this connection we wish that
some public spirited citizen of Leon
would present Leon with a public
park now instead of making be-
quest for this purpose in their will,
and run the chances of having more
than the sum required for park
spent in litigation after their death.
The most sensational bit of news
to come from the court house this
week is the announcement that the
will of the late Allen Walden will be
contested. Of course this is not en-
tirely a surprise as the people freely
predicted last fall when Mr.. Wal
den's intentions became known after
his death, that some of the natural
heirs would be likely to protest in
view of the fact that the estate is so
LANCE, amounting to fully 100000.
The petition for a hearing was
filed last week. In this petition Mr..
Potter Walden, guardian of Mr..
James K. Walden, brother Of Mr..
Allen Walden, and Mrs. Rebecca
Fisher are plaintiffs and they bring
the suit Mr.. R. c. Poston, executor
and the citizens of the town of Cory
don are named as defendants.
The petition practically recites
three counts upon which the action
is brought First that the will was
probated without obtaining personal
service upon the different natural
heirs 1t is alleged that service was
obtained only by publication. Sec
ond, that the late Allen Walden at
the time the document purporting to
be the last will and testament was
made, was not in sound mind and
not competent to make will.
Third, that undue influence was
brought to bear on Allen Walden by
r. G. Poston. The petition charges
that the document is not in reality
the will of Allen Walden but is in
fact the will of R. C. Poston.
Probably the case will come on
for hearing at the October term of
court unless one side or the other
seeks a postponement OF the hearing.
1t is predicted freely that this Will
be supreme court case as neither
side will be willing to give up until
the case has been carried up to the
higher court. A remarkably strong
array of attorneys will be seen in
this action when it comes for hear
ing Carter & Bracewell are the
local attorneys who will test the will
and upon them probably will fall the
burden of seeking to have the will
set aside. The other lawyers for the
plaintiffs are Higbee & Mills and
Campbell & Ellis of Chicago. For
defending the will Poston & Morrow
and Miles & Steele will appear. In
all likelihood this will be one of the
hardest fought cases in the Wayne
county District Court in years.
The will has been published in
this paper and the provisions so re-
Gently detailed that it is not worth
while to recite them again.