Hot Springs weekly star. (Hot Springs, S.D.) 1892-1917, 1915-09-17
KLEEMAN Will
HELD VOID
JUDGE MCGEE DECIDES IN FAVOR
OF CONTESTANTS
HARD FOUGHT BATTLE
ATTORNEY LAWRENCE HEDRlCK REP
RESENTING THE NC BRIDE
HEIRS WINS CASE

hIOINIlNU luG nv 0klUE
HEIRS WINS CASE
Custer and Hot Springs were recent
" the scene Of one Of tho hottest fought
legal battles staged In this country In
many years. The case Was the contest
OF the will Of the late Mrs. Margarethea
kleeman, Of Custer. The trial Of the
case started In Custer on the morning
Of Auguest oath and continued there
for two daye, and was then adjourned
to Hot Springs where It occupied an.
other day. The trial was before Judge
McGee, having been certified to the
Circuit Court Of Custer county by the
proponent alleging interest In the
estate on the part of County Judge
Gaylord, OF Custer. Judge McGee took
the case under advissment and just
recently rendered his decision In favor
OF the contestants.
Mrs. Klesman, who for many years
lived In Custer and for . long time
with her daughter, Elsie, conducted the
Kleeman Hotel at that place, died on
February oath, 1915 at Nichols Sani-
tarium In this city, after . serious i'll.
ness lasting over two months, tho cause
Of her death being cancer of the liver.
She left ~ heirs.at-law surviving her,
one daughter, Mrs. Helene 8. Hunger
ford, Of Crawford, Nebraska, and her
six children, and Lewis and Paul Nc
Bride, aged two and four years. the
children Of Mrs. Elsie Mcbride, q de-
ceased daughter, ,Mrs. Mcbride having
died early in December, 1914 Ars.
Klesman left considerable property,
consisting partly Of 100 acres of land
in Meade county, some town lots in
LosAngslss, mining ground near Gus
ter, and an interest in the Kleemsn
Hotel property at Custer. She was on
good terms with her two daughters,
and was With Elsie during the iatter's
last sickness and death, and thereafter
expressed her intentions of caring for
Elsie's two little boys.
Shortly after Elsie's death Mrs. Klee.
man was stricken with her fatal illness
at the home Of her daughter Mrs.
Hungerford, at Crawford, where she
was cared for by her daughter and
Arab l.. Hungerford, the lstter's
husband. She grew worse and on Feb
rusry 11th was brought to the Nichols
Sanitarium by Mr.. and Mrs. Hunger
ford, the latter being with her con-
stantly and Mr.. Hungerford coming up
several times until her death. About
eight days prior to her death Mr..
Huugerford requested DR.. Geyerman,
who was in attendance, to have 8. E.
Wilson come up to draw her will, and
that afternoon the will was drawn by
Mr.. Wilson. It is Q somewhat lengthy
document and under ito 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 we're
to receive 500 each out of the furni-
ture in the Kleeman Hotel whom same
should be sold.
L. NJ. Mcbride, Of Crawford, father
Of the two boys, was appointed guard
ian I'D Item and contested the will on
the grounds that It was not properly
drawn, attssted or published; that it
was too uncertain as to devises and
devisees and contrary TO the rule
against properties; that 1t WAS procur.
ed through the fraud and undue in
fluenos Of Mr.. and Mrs. Hungerford;
spd that Mrs. Kleeman Was not of q
disposins mind and memory. Mr..
Hungerford was named as executor
without bond ana Was to receive $40
Ger month In addition to the compen-
sation fixed by law. A mass of evidence
some Of which was quite sensational
was introduced, depositions were taken
ell over the country, and every point
was bitterly contested.
Judge McGee held that there was
sufficient stteststion and publication;
that Mrs. Kleemsn was of disposing
mind and memory; that Mrs. Kleemen
was unduly Influenced by Mr.. and Mrs.
Hunserford; and that the will was not
properly drawn in that it gave special
directions with regard to property in
which Mrs. Klseman owned only an in.
tsrest, and directed the 800 bequssts
to the Mcbride children 10 paid ont of