The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-06-06
Six Children of Ellen E. Smith,
Deceased, Bring Action
To Recover Share of Estate
Valued at $4,000.
WAS WILLED TO THE CHURCH
Undue Influence and Mental
and Physical Weakness
Are Set Up as Grounds for the
Litigation.

Ellen E. Smith, who died last Sep
TENDER at 412 East Eighth avenue,
had ten children and $25. 900 Thirty
days after her death a will was filed
in the probate court of Shawnee
county cutting off the children with
81 each and distributing all her wealth
to Catholics Catholic institutions
Six of the children started suit in the
district court today to set aside the
will on the grour that their mother
was impaired mentally and physically
when the will was made and that she
was influenced by outsiders
Thomas j. Smith and Ellen T., MS
wife, settled iii Marshall county forty
years ago. They passed through all
! the pioneer hardships and endured
poverty. Their older children endured
| it with them They gradually ac-
! cumulated wealth. When the husband
died in 1904 he was worth 100000 and
| he left it all to his wife She moved
to Topeka and the petition filed shows
| that N the years that followed the
property deprecated $4,000, being
worth $4,000 at the time of her
i death.
| The children knew of no will until
a month after her death when it was
| fill I'd in the probate court Then there
was establishment in the Smith family
All the children who had helped build
up the family fortune were cut off
| with only a dollar. The only benefit
| they were to reap was indirect, a pro-
| vision in the will providing for the
| education of all of the grandchildren
of the deceased, in perochial schools
the cost to be met from her estate
The children of one daughter, Nellie
| Smith Keegan. were excepted ever
from this provision.
List of BequeStS
In the will, a copy of which is at
tached to the petition, Mrs. Smith lef
$500 to the Catholic church extern
sion society, $1,000 to st. Johns hos
pital at Leavenworth, $1,000 to st
Josephs hospital at Denver, 81, 900 t.
ST. Francis hospital in Topeka, $500 tt
Little Sisters of the Poor at kansa.
City, $500 to ST. Vincent orphanage a
Leavenworth, $500 to Kate Hughes,
niece; and 500 each to Sister Mar.
Olivia, Sister Helen Smith, Siste
Rosalita and Sister Mary Donata.
Then Mrs. Smith reached her owl
immediate family. She left 81 each t.
her sons Edward, Thomas ]. John, tn
Rev. P J. and to her daughters Ros
Waters Smith and Nellie Smith Kee
gan.
Three hundred dollars she set asid
to be paid to her son P. ]. Smith 70
masses for the repose of her soul.
The residue of the estate after a.
other provisions of the will had bee
complied with was to be used to edu
cate the grandchildren of the decease
woman. The Rev. P. J. Smith an
Daniel Meara were named as custo
dams and executors.
AS an afterthought, apparently, tn
will provides that $25 be given eac
to the Rev. Clarence Bradley c
Frankfort and the Rev. Patrick O'Sul
Ivan of Della.
3 Parties to the Suit.
The suit to set aside the will
\ brought by Rose Smith Waters of TIC
= peka, Nellie Smith Keegan of Nemah
l county, John ]. Smith of Nemah
county and Thomas Smith, who live
:; in Missouri. The defendants are til
l Catholic institutions to which the wi
Z makes requests.
i The petition declares that the wi
. is invalid because it is uncertain an
J. indefinite, because the deceased we
: impaired mentally and physical
: when the will was drawn, because st
had unreal and untrue ideas about he
property, because she suffered frol
3 insomnia. The children declare tn;
strangers had more influence wit
e their mother than did her own chi
n dren, before her death. and the
s charge that the will is the result
e outside influence and not the deSil
e as unnatural and inconsistent.
= Under the provisions of the will
the grandchildren are educated fro
n the funds of the estate they are to
4 directed by the executors and the
parents, the children of the decease
refuse to abandon control of the edl
cation of their children.