The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1916-04-29
JUDGE HERVEY DIRECTS JURY
To SUSTAIN SCHMULbACH WILL


The proponents witnesses yestef-
day were Drs. T. NJ. Haskins and ]. l.
Marschner. physicians for Col. Schmul-
bach; Nelson G. Hubbard. Captain w
r. Otto and u. II. Marsh OF Parker<
burg. Drs. Haskins and Marschner
testified 20 the colonel's condition as
they saw IL. both saying that he was
physically weak but mentally strong
pr. Haskins said that he never saw
anything about the colonel that would
than perfectly sane. He had known
the colonel for twenty-five years. DR.
/ Marschner's testimony was very like
the nrst doctor examined.
Captain Otto and Mr.. Marsh testi-
ned as to their acquaintance with the
testator. and Attorney Nelson Hub
. bard as 10 the drawing of Wills. and
other legal business he had transacted
for the colonel. Mr.. Marsh Is now OF
/ Parkersburg but he was formerly OF
Park View. having been connected
with the Baltimore and Ohio railroad
History OF Case
The will upon which the contest
rests was drawn April 3, 1915, by At
torney Nelson c. Hubbard. signed by
Col. Schmulbach, and attested to by
William Seidler and Oscar Nolte. Col.
Schmulbach died August IL. On Sep
TENDER Z. the will was admitted TO
probate, and contested by Anna Mary
Fellers OF St Mary's who contended
that she had been overlooked in the
will although she had always been a
fayorite of the coloners.
On September II. +. l.. Wager was
named curator. and b. Z. Hamilton.
J. f. Stevenson. and J. +. Hell were
named appraisers. Mrs. Henry
Schmulbach and +. l.. Wager are ex-
ecutors named in the will. An APP
that he possessed upwards of 1900
200 consisting OF real estate. stocks.
bonds, moneys, and notes.
Copy Of the VIII
The following is an attested copy of
the will as probated. contested, and
upheld by Judge II. Z. Hervey yester-
day:
! l. Henry schmuIbach. OF Wheeling.
West Virginia being in good health
and OF sound mind and memory. do
last will and testament rcvoKfng all
wills and testamentary papers which
nav he.e'otore been made by me.
Item MY executors shall pay out
lof my personal estate my just debts
and funeral expenses. and the cost or
Item Al give and bequeath 70 ny
faithful friends and employees August
=. Marschner and Henry ". Null.
lsum OF ten thousand dollars each: 10
ny nsmesak" Henry $. schaefer. Of
dollars and my watch and chain; 10
Bertha wager. sister OF Edward Wager.
l9f the CITY OF Wheeling. in gratitude
Tor her services to my sister Mary.
now deceased. the sum OF nve thous-
and dollars TO my second cousin. carl
Heller. OF Wheeling. the sum OF two
thousand dollars. to his sister. my sec
ond cousin. Katherine Heller Gcldmach-
Ter. OF Nicder- Breidnebach In Hess
iDormstadt Germany. the sum Of two
Henry ;. Royce. Henry s. Barth and
/ Wheeling, the sum OF two thousand
dollars each. 10 my cousin Jacob Stcur-
Mary Mason. both Of Wheeling. the sum
Iof two thousand dollars each. TO nv
iSmploye John Funds. OF the City or
wheeling. the sum OF two thousand dol
lars: and 10 Lottie Hartung. Of the CITY
Tor Wheeling. the sum Of Two thousand
dollars. total, the sum OF forty-cight
quests shall be payable ss soon as my
executors may End II convenient TO
any OF my property. but not more than
two years from the time OF my death:
snd IN. said bcquests shall bear interest
1 rom ths expiration ~ one year after
my death. unless sooner paid And /
give aud bequeath TO my friend and
| employe Edward l.. wager. OF Wheeling
W. Va. one hundred shares OF stock
In the German Rank OF wheeling II
any OF these benenciaries should die
become a part OF my residuary estate.
Item 81 give and bequcath TO Frank
NJ. Iayior. Of Pleasant Valley. ohio
county West Virginia husband Of my
cousin Emma Taylor. the sum Of IS 600
which shall 20 to his chfldr.u or fheir
ueScendants IN equal shares per stripes.
u D" snail not survive me. / give and
b"queath TO my said cousin Emma Tay-
Tor the sum Of $1,000. which shall 20 10
her chiidren or their decedents In equal
shares per stiTpes. ~ sho shall NOT sur
we mo. Thes" requests shall b.ar fr-
t'IcHt atter on" year from the time Of
my death. give and bcqueafh ~ Marie
Taylor and Henrietta TayIor ~. ,1i,o-
daughters Of Frank Taylor and nv rou-
SIN Emma Taylor. Of Pleasant Valley.
INC ,ias county West Virginia. the sum of
As,po0 each. Zach or these bsqueats
snail be payable a. soon az my eN,ru-
tors may find IL convenient. but not nm
III the lcEatcc is fwenty-our y.ars 80
age These bequests shall b.ar trfcroe,
after one year from tho time on INV
death ana after tho legatcc has reached
the age of twcnty-on years II either
Of these lcEatces shall die beforo ~.
h"r share shall 20 Co her child or chill,
dren. or, lacking these. Co her sister. or.
u she b. not Twins. o. her child or rbt'
drcn. and NJ both tho said Maj. al
Henrietta Taylor shall die before M.
leaNing no children. these b,que4ts shall
I"pHe ana pass Q" NJ r'siduary estate.
Item 81 give auG devise To- John l.
Arbcnz. attorney az law. 81 WhssIir-
West virginia 200 trust. ~ herein stated
Ih' sum OF Allnnh. and direct and re-
quest That he shall divide the said sum
into six equal portions. with fb, Int.r.s,
earned and collected thereon. ira fh. -.
ercisc Of his b"-t Judgment and diarrc
II lion. without unreasonable delay fDI
Il the purpose Of improving. rsbuiIdIrs
1 equippinK and bsautifyiuE ths pIsr. oI
L worship or the residence az o.. ruinIstei
| ~ each ~ the following churches In Oh.
/ lity ~ Wheeling. that De- t1 say. TH,
First German Zion Evangelical t.uthsral
' church. ar which Rev. a. l.. Renee Il
now pastor. the So stephens tsrfuar
tf anErliral Reformed church. Of which
Rev Ernest n Tr'use Ie now ra4f.r
. The Sc Johns German Evangelical Prot
sstHnt church. of which Hst. william q;
llfeft is now pastor. tho st. rauIa cor
man Independent Evangelical IrUftafan
church. - which Rev August e. WHrrE.
i4 now pastor. and So Nfrhuuaue Gov
man catholic church said trustee shall
Joan each or auId funds OF interest unit
if citu De- expended fH good advantage. Ia
above prov IIrt uttIf. fhHf aHIH f-Hs
Zee b. relieved from EitIrE bond FOR fN.
fH.fhfu' psrfrrw1r.. of fhr trust hero
/ lf created
ff.m .tiI succession ur IrFrrIf4r..
foxes .u th. h.Iu.... above made anlI
i0 rHId nIf OF .y r.ulrHI ur rreIHuHfI
t.'f'f fn na fr 'rs. fIn hsusNrInrIa|
fr"w 900 burden arising FROM ans sHrl
fn.
ff.m ~ art IsrrFrIsrt under frH
r.'| HhrH attempt fob contest fna .aI.II
FL. Of ffs H.II .r nf nnr OF Boo rrn.fa
JOINS. tHH provision I.r.Iu mod. f.r aH.i
contestant .If|I Immediately hr.or..
'.ii. and fHr partition Of ". estate Hfr.
InNf fUr. G.".u f. .u.. contestant nHa.
|.. H.HHH '" Hr. I.H.. ..|.U. f.IrUrnH Hr..