Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-02-08
Miss Lizzie H. Carroll, Confden-
tiaI Secretary Of the Noted
Georgian, Is Awarded Bulk Of
Fortune by Chattanooga Court.
Death Plays Unusual Part in the
Famous Litigation, as Seven
Prominent Figures in the Case
Pass Away Since Its Beginning.

CHATTANOOGA, Feb. 7.-Charac-
.erizins much of the so-called Eek
merit" evidence "chinquapin testimo-
nix" Chancellor T. NJ. Mcconnell
his afternoon decided that Miss LIZ
lie H. Carroll, stenographer to the
lste Colonel Tomlinson Fort. was en-
t+lad to the bulk of the 100000 Fort
estate over which a bitter fight has
been waged by the Fort heirs. The
decision upholds as genuine a deed
NJ Rift that Miss Carroll claimed was
written by Colonel Fort in Atlanta,
November s, 1910, and abstractei
from MS coat at the time he fell dead
here. in December, 1910, by some uu-
known person, who returned it with
IN ANONYMOUS letter year later to
Miss CARROTS attorney
The case will be appealed to the
Tennessee Supreme Court by the Fort
heirs,
The Chancellor referred in his opin-
ION to the fact that Colonel Fort re-
peatedlv had told friends that he in
tended to provide literally for Miss
Carroll, and the court also declared
himself a fairly good judge Of the
genu,reness Of the colonePs hand
writing
Claims Sacred Contract"
The decision followed lengthy
speeches by the attorneys, portions
Of which were bitter. Miss CARROTS
attorneys declared to the court that
Miss Carrolrs rea4 claims against the
Fort estate were mot based upon an
undelivered deed, but upon q sacred
contract"
The hand of death seems TO have
reached out to claim those involved In
degree of prominence in the cfrcum-
stances surrounding the battle 70,
possession of the Fort estate.
The hearing, in progress for the
past two weeks in the Chancery Court
mere. was halted a day for the fu-
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
person of prominence either in
Chattanooga or Atlanta.
Fight on for Two Years.
The fight for the Fort estate has
been between Miss Carroll, on the
one side, and the brother, sisters,
nephews and nieces of the dead law
YER on the other. 1t has been in prog
ress for more than two years. having
begun a year after Colonel Fort was
stricken down in his law office here
in December, 1910, and seevral
months after the heirs had effected
settlement with Miss Carroll.
The death spell that overshadows
Shis litigation had its beginning early
In 1910, when julius Brown, brother
u forme r Governor Joseph NJ. Brown
and husband of Colonel Forts sister,
Mrs. Frances Fort Brown, died in At
ianta,
Colonel Fort, representing his sis
Ter, went to Atlanta in November,
1910, TO bring about a settlement or
The Julius Brown estate, conducting
The legal negotiations with former
Governor Joseph NJ. Terrell, as coun-
sci for Governor Brown, the admin
'strator. This was Just about the
.lme 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
nee. He died before he could be re-
moved to a hospital or home.
Senator Terrell Dies Next.
Just a few weeks later, early in
l9ll, 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
hight to secure the estate under the
Mysterious deed. Colonel Robert
FHtchard, her leading counsel, was
STlcken in the Chattanooga postoffice
ehd died in much the same manner
rs did Colonel Fort
Miss Carroll's suit was brought
rgainst Miss Kate Fort ct al. Miss
sort being a sister OF the dead law
~. Less than a month ago and but
rev DAYS before the present hearing
here. N''' ''>'
The last death came during the
Llal when General Xenophon Wheel
81 OF Wheeler, Martin G. Trimble,
,'Gh9el for the Fort heirs, was strick
81 With DaralvSis and died