Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1916-12-20
Filming or LAST TESTAMENT OF
c..ARLgs FLEMING CREATES
SENSATION.
WIDOW MAY RECEIVE
DOUBLE HER DOVER
PreSidsd Court Holds Family eaet Not
1,Hdipa Mrs, Fleming Will Receive
sscoaoo Instead Of $500 900 Brother
idsnsliss Signature but Had Forget,
M H sionsd Will. n

Z - iAintlN .AUuddtSssc 1eulH5s dHaOuhSSu
just before adjournment that he, had
discovered = Will executed by the late
Charles llemtdg Feb 20. 1884.
Until yesterday twas believed that
Charles Fleming had = died tntestate.
Surviving brothers. Robert and Stan
hope Fleming. had testified their
brother left no will Of any kind.
The instrument was rnearthed In the
\ t3sne1istAsy hles ct the Masonic temple
- attorney Mills. In It Charles F1em-
ing bequeatheH all Of his property to
his widow, Mrs. Anna B. Fleming, who
is suing her three brothers-in-law to
recover a widow 8; dover.
The Effect on the Case.
Should the Heming contracts be
declared null and void by the court
the widow win receive her husbands
entire share OF the Fleming fortune.
estimated at 100000. without the
discovery Of the will she would have
secured only her dover Of 5000, 900.
Should the court decide the con-
tracts are legal and binding, Mrs,
Fleming Will receive nothing as re-
suit Of her suit. The latter condition
would obtain with or without the pres
ence Of q will
The Instrument has been placed in
the hands OF the district court clerk.
according to Attorney Mills. and will
be filed for probate. It was made three
days before Charles E7eming finished
his Consistory class.
Just beGorab court adjourned, At
torney NILS rose to his feet, and said:
81 wish to state in fairness to the
~ IL R<vSs OH,
formation that I have found the will
of Charles Fleming, executed Feb. 20.
1884. It Is witnessed by John A. Nem-
ing brother, Of the; deceased. and r. NJ.
j. Coleman. secretary Of the Des Moines
consistory."
Brothers Surprised.
Instantly the three Fleming brothers
were upon their feet and hurriedly
conferred with their attorney, w. E..
Miller None Of the plaintiffs cared
8 To make any statements of appreciate
length until they had seen the docu-
msnt. they said.
Robert Fleming was asked whether
Or not he would stand back Of his
Testimony of last Friday in which he
declared there was no will and stated
if Charles had left the qmerest scrap
Of paper. his wishes would have been
carried out no matter what the cost.
II do not care to discuss it. This
viii Is a formality."
Fl Identifies Signature.
b John Fleming in the afternoon iden-
titled his signature as q witness to
the win OF his brother Charles. but
declared that he has no recollection
aof having ssigndd At. When he testi-
IT, 1T
will he declared that he spoke in good
faith.
.When & took the Consistorys de-
grees I might have Signed 2 similar
wiz but 4 do not recall anything Of
that kind I'M the ceremony,"s he said
Robert Fleming. recalled to the
stand explained that when he testi-.
fled, that Charles had left no will. he
had forgotten about the Masonic in
strEhent 81 DO not regard It now as a
win, hes DECLARED. X , Y,
The defense rested at s:15 p m.
Mills on Stand.
attorney Earl Mills, representing
Mrs. Anna Fleming, was called to the
sta5id by the defendants and asked if
h6 had not announced the discovery of
the win to newspaper reporters before
inparting tho information to the court
and defendants.
told the court at the first op-
portunity.s was his reply.
You had the reporters in the back
room telling them about 1t. didn't you?"
mo, told them in the hall"
Mr. Mills identified the will. He
stated he was - Consistory member
and was asked II he did not know
Charles was q member.
~ 20 discovered last night" said
Mr.. Mills
You mean rediscovered. do YOU
notT Intercepted Attorney Miller.
No, cir. never knew as to Charles.
but did know John and Robert were
members"