The Calumet news. [volume] (Calumet, Mich.) 1907-1938, 1914-05-07
sfLLWOOD WILL
CASE IN JUNE
postoonement Is Taken Because
of Illness of Mrs. Mershon

THE contest i'm the Captain Joseph
e.llwood will, begun i'm probate court
in Duluth Monday before Judge 5. w
c,nin was continued to June . at
,,clock This continuance followed
,,rosentation of certificate to the eff
toct that Mrs. Charles Mershon, one
~, the defendants in the suit, is suf-
fering from a severe attack of nervous
prostration and that it would be utter
Il, impossible for her to appear at this
time.
The widow is objecting To the will
q, the ground that an ante-nutial
agreement made with her husband and
mentioned in the will was void since
its effect was to deprive her of her
st,tutory rights as wife. In the will,
If was provided that i'm accordance
with the ante-nuptlal agreement, she
sbnuld receive the homestead property
ard certain lots in block Sc. Endion
division as long as she remained his
widow and that she be paid the income
rrom 100000 i'm lieu of her claims for
dover interest.
Mrs. Leithhead, daughter, is seeking
T., have the will set aside and declared
void on the grounds that it does not,
rs she claims, express the real intert
Of her father. The instrument made
no provision for her, stating that the
testator had amply provided her with
funds during his lifetime and that he
considered this sufficient.
Mrs. Loithhead alleges that under
the terms of prior will which was
executed some time between Dec. %,
1911 and April, 1913. she was given Il
uu one third of the residuary estate
was in effect at the time of her faith
ers death.
Conspiracy Is Alleged.
Conspiracy on the part of her broth
err Richard NJ. Sellwood and sister Ia
Rue :. Mershon TO defraud her of her
rights is charged i'm her petition to
have the will set aside. She claims
that they well knowing that their
father was weak and ILL., confederatcd
and conspired together to fraudulently
influence and poison his mind" as
against her and other relatives and to
influence him to give them practically
all of his estate. She claims that they
used undue influence on their father
50 as to dsinherit her
Mrs. Leithhead alleges that the prior
will, in which she was provided for on
an equal basis with her brothers and
sisters, was fraudulently destroyed or
is being withheld. She asks the court
Ia refuse to admit the will of Jan. 81
and To require r. Nj. Selwood and La
Rue $. Mcrshon TO bring in the lost
will. If this is not done, she asks that
the estate be administered as if there
had been no will at all.
Richard Nj. Sellwood and La Rue =.
Mershon. who were named as legatees
and executors under the will Of Jan.
=, fled protest with the probate
court against the allowance of the So
called lost will mentioned by Mrs.
Leithhead which is alleged by her to
have been executed by Captain Sell
wood some time between Dee. %. 1911,
and April, 1913.
The protest is based on three
grounds. First. it is alleged that they
have no knowledge as to whether it
was executed in accordance with the
lott go la. tst. 10 oil Al mn 1
that the will of Jan. II was the last
will and testament and had been filed
with the court as such Third it is
alleged that prior to Jan. II last Cap
tain ScllwOod had expressed his inten-
ton of rcvolling the will referred To
and pursuant To that intention had
done Su