Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1917-11-16
VALIDITY Of JIM SMITH
WILL IS ONLY QUESTION
Attorneys for Zodiac Smith
Heirs JubiIant Over Pros
peCt of Approval

ATHENS. Ga, Nov. 1.-THE validity
of the newly-discovered will of the late
James NJ. Smith, millionaire of Ogle-
thorpe county and founder of the town
Of Smithson:a, is the only question re-
naming to be settled in order to abso-
lutely conclude the long and bitter liti-
cation between half dozen contesting
groups of heirs claiming property
rights in the huge estate
Legal representatives of the Zadoc
Smith group of heirs. the validity of
whose claims to kinship and property
rights was recognized in 1.-THE instru-
ment found by J. o. Mithhell among
old papers in the attic of the Smith
home in Smithsonia. Ga. are iuhilia mt
over the prospect of seeing the courts
finally place the stamp 'of judicial APP
prevail on their proofs previously sub
mitted at various stages of the litiga-
ton.
Indications are not lacking. however.
that the actual probating &C the long
lost Will is to be bitterly fought by
the groups OF heirs that several months
ago combined their efforts against the
claims Of the Zadoc Smith group. which
rs represented by Judge Hamilton Nc
Whorter and the law firm of Irwin.
Rucker and Irwin. of this city. and Sam
Iel Sibley, of Union Point. Ga.
Under the terms of the will. which
was offered for probate at Lexington.
Ca, yesterday afternoon, the bulk of
the estate, now amounting to more than
two millions of dollars goes to Mrs.
Fannie Smith Sheehan, of Crawford. Ga.
wife of a cotton mill superintendent.
Mrs Sheehan is the daughter of the
late Jim Smiths favorite nephew, Rob
ert H. Smith, who died many years
ago,
Requests of $1,000 each are made to
the more than 100 tenants on the land
holdings of the late millionaire in Ogle-
thorpe county. while fifty or more leg
acies ranging from 500 to several
thousand dollars are left to friends
servants and relatives Of the deceased
HALF SISTER LEFT.
To Mrs Mary w. Jones, hatf sister
of the Oglethorpe millionaire and daugh-
ter of Zadoc Smith, is left $4,000, but
as she died several years ago, this leg
acy will be passed down to her heirs. A
similar bequest is made to John Ia.
Smith. a half brother. also deceased,
while $4,000 is left to George Smith, an
other half brother, also deceased
Judge ID. w. Meadow, of Elberton, Ga,
is the sole living executor of the will,
which names the late Judge Alexander
Erwin as coexecutor.
The testament was drawn by Judge
Erwin and covers fifteen pages of large
roolscap paper. being written in long
hand The date of the instrument is
December 4. 1885.
Since the death of Colonel James NJ.
Smith. almost two years ago, the con-
ficting claims of half a dozen groups
of heirs have been the subject of in
volved litigation in the state courts, the
whole matter being finally passed up TO
the United States district court for the
Southern district of Georgia, which was
TO have heard the case at the January
term, Judge Emory Speer presiding.
The Zadoc Smith group, basing their
claims to the estate on the contention
that the deceased millionaire was the
son of Zadoc Smith, eventually gained
a substantial advantage in the courts,
securing the appointment of three tenn
porary administrators who took charge
of the estate pending the final settlement
of the litigation and the distribution of
the assets.
Practically all the real estate holdings