The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1916-02-05
MRS. RAWLINGS
WILL CONTESTED
BY BLIND SISTER
CHARGES UNDUE INFLUENCE. AND
LACK OF MENTAL ABILITY
TO PREPARE PAPER.
Papers Were Piled In Circuit Court Yes
tsrday by Attorneys J. II Bren-
nan and J. c. Lowry.

Alleging undue influence. and mental
lncapaeity at the time the writing Is
claimed TO have been drawn. Anna T..
Forward. blind sister of the late Marie
3 A Rawling. has entered "A contest In the
local circuit court, 10 break the will OF
her late sister. which distributed prop
erty In Wheeling to the value OF more
than 100000.
4 The papers were filed yesterday under
order OF Judge n. &. Hcrvey. at the re-
quest OF Attorneys J. Harold Brennan.
OF this city. and J. g. Lowry. OF Somer-
set. Pa IL shows that the viii was
drawn June 20. 1914. and that the will
was probated August 20. 1915. the tesla
tor having died on June 80. 1915.
She further sets forth Ia her petition
3 that she, Annie r. Forward. - "a sister
/ Of the late Maria a. RaWling. widow OF
/ the late Captain c. J. Rawling. and that
Mrs Rawling died on June so. 1915.
leaving an estate with an appraised
/ value OF over 500 600. According to the
I petitioner. the heirs VINO are entitled to
legacies under the will are Bessie Don
nelly Law, and Teresa Darby. nieces:
Lyman Donnelly. a nephew; kaVley Tay-
Tor. nephew. each OF the above To have
one-ninth. under. the law. and herself TO
have One-third. under the law. providing
the testatOr had died intcstate.
Miss Forward further sets forth in
her petition that on August 10. 1915, the
Dollars Savings and Trust Company. by
hubbard ana Hubbard, its attorneys,
nled paper purporting to be the last
viii and testament OF the late Marie A
rawlings. In which IL PROVIDED for the
trust fund out Of which SO monthly
was 20 bs paid TO the petitioner. and $50
b TO Teresa Miller. who - now deceased.
/ In addition TO this. the petitioner
claims that the following requests we're
made: Bessie g. Errozruziz. $1,000, dia-
mond rims and black bar; Bessie Don
nelly Law, 5000. To the board OF educa-
, ton Independent district OF Wheeling.
O. storm suspension Bridge Rachel
Godfrey, family photographs and book
case. Teresa Darby. 5000. i.avinia Dom
nelly 5000 LYMAN lhnnnel1E d.
Mackey. $500, George +. BELL. $1,000;
John Is. Garden. 5000; David Garden.
$500; Rachel Godfrey $1,000: Mary God
Trey, souO; Elizabeth Evans, Sl.UVO:
I Clara J. kardcn. $1,000. J. X. &. Miller.
SlUuV; Catherine simmons. Lucy. and
E. William simmons, 5000 To be divided
equally among them. Charles A. Hoop.
$500; Wheeling Hospital. etc. $1,000
$4,000 TO be used 10 endow free room,
ana $4,000 10 be used In trust Tor s.
, Johns and 81. Nincent's home. TO the
Home for Aged ana frlcudlcss Women.
o $1,000. Associated Charities. $500, AMI
o. the residue 10 bc paid lo the sisters OF
3 our Lady In Charity Tor the Wheeling
Hospital. -. \incsnts Home. ST Jonn
Home. anu TO the West Virginia Home
4 Tor Aged and Fri,ndlcsS Women.
Further. tne petitioner sets forth in
] her bill that the paD.r filed Is not the
Z last viii and testament OF her dead sis
/ ter, and gives the following reasons.
First that at the time the paper Is said
To have been drawn she was not of sutfi-
Client mental ability To- uraW "a viii. sec
ond. that DO such be the case that 10 was
written under undue ana improper iutlu-
ence. third that the paper was not sign
yd or executed properly unuer the laws.
Nr brennan, however. stated that this
clause vas really a statutory one and Is
incorporated lu ali VIII contests. The
fourth reason 'is that 10 was not prop
trly signed or acknowledged la the
presence 90 substantial Witnesses.
The order OF Judge HerVty directs tho
clerk Of the county court TO Immediately
file all papers rv.ativc TO the prunat.
OF the Will. Process was obtained by
deputy sheriffs yesterday on nearly all
OF the persons connected with the Will.
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school. g. J. EIcdaisch. superintendent.
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