Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-02-08
DEATH TAKES
I VICTIMS IN
FIGHT OVER
WILL
Gen. Xenophon Wheeler, of Coun-
sci for Heirs, Is Latest to Die in
Famous Contest Over 100000
Estate of a Former Albanian.
Weird Succession of Deaths Casts
Shadow Over Lengthy Battle.
Hearing Halls Saturday for
Burial of Last to Succumb.

CHATTANOOGA. Feb. THE
hand of death seems to be reaching
out to almost everyone involved to a
degree of prominence in the circum
stances surrounding the battle for
possession of the 100000 estate of
the late Colonel Tomlinson Fort, aged
and eccentric Chattanooga lawyer,
Confederate veteran and native Geor-
gian, and member of the Fort family
that has been conspicuous in Georgia
history and achievement
This hearing, in progress for the
past two weeks in the Chancery Court
here, was halted to-day for the flu
neral of the seventh victim of the
death spell, whose end came unex-
pectedly in the midst of the trial.
Each one of the seven to die had been
a person of prominence either in
Chattanooga or Atlanta.
tween Miss Lizzie H. Carroll, for
twenty years stenographer and conf
dental secretary to the late Colonel
Fort, on the one side. and the brother,
sisters, nephews and nieces of thq
dead lawyer on the other. 1t has
been in progress for more than two
years, having begun a year after
Colonel Fort was stricken down In
his law office here in December, 1870
and several months after the heirs
had effected a settlement with Miss
Carroll.
Secret VIII Produced.
The present fight is to set aside
that settlement and give practically
the whole estate to Miss Carroll, IN
der the terms OF secret will or deed
of conveyance that did not turn up
until a year after the lawyers death
and which the heirs claim is a forg-
cry. That document Is alleged by
Miss Carroll to have been written by
hotel public stenographer in At
lanta in November, 1910, about a
month before Colonel Forts death.
The death spell that overshadows
this litigation had Its beginning early
in 1910, when julius Brown, brother
of forme r Governor Joseph Nj. Brown
and husband of Colonel Forts sister,
Mrs. Frances Fort Brown, died in At
lanta.
Colonel Fort, representing his sis
ter, went to Atlanta in November,
1910, to bring about a settlement of
the julius Brown estate, conducting
the legal negotiations with former
Governor Joseph NJ. Terrell, as coun-
sci for Governor Brown, the admin
istrator. This was just about the
time Governor Terrell became United
States Senator, following the death of
Senator A. S. Clay in Atlanta.
The next month Colonel Fort, while
apparently in his usual vigorous
health, was fatally stricken a few
minutes after he had reached his Of
flee. He died before he could be re-
moved to a hospital or home
Senator Terrell Dies Next.
Just a few weeks later, early in
1911, Senator Terrell was stricken
with paralysis in Washington. He
never recovered and his death, two
years later, was attributed to that
stroke.
Soon after Miss Carroll began her
fight to secure the estate under the
mysterious deed. Colonel Robert
Pritchard, her leading counsel, was
stricken in the Chattanooga postoffice
and died in much the same manner
as did Colonel Fort.
Miss Carroll's suit was brought
against Miss Kate Fort ct al, Miss
Fort being a sister of the dead Law
yer Less than a month ago and but
a few days before the present hearing
began. Miss Fort died Unexpectedly
here
The last death came during the
trial when General Xenophon Wheel
er, of Wheeler, Martin & Trimble,
counsel for the Fort heirs, was strick-
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