Custer weekly chronicle. [volume] (Custer City, S.D.) 1890-1931, 1915-09-25
WILL HELD VOID
Judge MCGEE Decides in Favor of Contest
ants in Kleemann Win Case
Hard Fought Battle,

Custer and Hot Springs were recently
| the scene Of one Of the hottest fought
legal battles staged in this country in
many years. The case was the contest
| of the will Of the late Mrs. Margaretha
kleemann, Of Custer. The trial of the
case started in Custer on the morning Of
August oath and continued there for two
days, and was then adjourned to Hot
Springs where it occupied another day
| The trial was before Judge McGee, hav-
ing been certified to the Circuit Court Of
Custer county by the proponentalleging
interest in the estate on the part of
| County Judge Gaylord, Of Custer. Judge
McGee took the case under advisement
and just recently rendered his decision
| in favor Of the contestants.
Mrs. Kleemann, who for many years
lived in Custer and for long time with
her daughter, Elsie, conducted the
| Kleemann Hotel at that place, died on
February 2Ith, 1915, at Nichols Sani-
| tarfum in this city, after serious illness
| lasting over two months, the cause of
| her death being cancer ofthe liver. She
| left as heirs-at-law, surviving her, one
| daughter, Mrs Helene S. HungerfOrd,
of Crawford, Nebraska, and her six
! children, and Lewis and Paul Mcbride,
aged two and four years the children of
Mrs. Elsie Mcbride, 8 deceased daugh-
ter, Mrs. Mcbride having died early in
! December, 1914 Mrs Kleemann left
considerable property, consisting partly
| of 100 acres of land in Meade county,
some town lots in Los Angeles, mining
! ground near Custer, and an interest in
| the kleemann Hotel property at Custer
She was on good terms with her two
daughters, and was with Elsie during
! the latters last sickness and death, and
thereafter expressed her intentions of
caring for Elsie's two little boys.
| Shortly after Elsies death Mrs. Kee-
mann was stricken with her fatal illness
| at the home of her daughter, Mrs. Hun
gerford, at Crawford, where she was
cared for by her daughter and Arab l.,
| HungerfOrd, the latters husband. She
grew worse and on February 1Ith was
brought to the Nichols Sanitarium by
! Mr.. and Mrs. Huugerford, the latter be-
| ing with her constantly and Mr.. Hunger
! ford coming up several times until her
| death. About eight days prior TO her
death Mr.. Hungerford requested Dr.
Geyerman, who was in attendance, TO
| nave g. IL W iiBbll GDlllt ~ " uldN ICi
will, and that afternoon the will was
! drawn by Mr.. Wilson. 1t isasomewhat
| lengthy document and under its terms
the property was bequeathed TO Mrs
Hungerford and to her children now
living and those which may hereafter
| be born, share and share alike, except
that the two little Mcbride boys were
| to receive 500 each out of the furniture
in the Kleemann Hotel when the same
should be sold
l.. NJ. Mcbride, of Crawford, father of
the two boys, was appointed guardian
ad Item and contested the will on the
grounds that it was not properly drawn
attested or published; that it was too
uncertain as to deyises and devisees and
contrary to the rule against properties !;
that it was procured through the fraud
and undue influence of Mr., and Mrs.
Huugerford and that Mrs. Kleemann
was not of a disposing mind and mem
Iory. Mr.. Hungerford was named as
executor without bond and was to re-
ceiye $50 per month in addition to the
compensation fixed by law. A mass of
evidence some of which was quite SEN
sational was introduced, dispositions
were taken all over the country, and
every point was bitterly contested.
Judge McGee held that there was suf-
fcent attestation and publication that
Mrs Kleemaun was of disposing mind
and memory; that Mrs. Kleemann was
unduly influenced by Mr.. and Mrs.
Hungerford and that the will was not
properly drawn in that it gave special
directions with regard to property in
which Mrs Kleemann owned only an
interest, and directed the 800 bequests
to the Mcbride children be paid out Of
the sale of property which belonged to