The diamond drill., 1918-06-29
CONTESTED WILL
CAS- E INTERESTING
AUDIENCE CONVINCED THAT TEXAS
WILL OF M'DERM0TT IS GENUINE
MRS. BAILEY TELLING TRUTH
Woman From Texas is Star Witness
and Displayed Ability TO Handle
Herself on Witness Stand

The long talked OF hearing in the
contested will case in which the prop
erty of Clarence Colwell known to
Iron county people as Clarence Nc
Dermott, is involved was held in the
court room at the court house last
Tuesday and proved to be very in
teresting affair.
Owing to Judge Rite being inter-
ested in the case as attorney for Mr.
Lott, Judge o'Hara OF Dickinson
county was called in to sit in the
case.
The Colwell heirs-wno are the
| children Of McDermott as was shown
after his death-are represented by
Fred II. Abbott OF this city, and Fred
w. Dudley of Port Henry, New York.
In addition, Mr.. Soulee, an attorney
from Houston, Texas, was present as
an assistant for the Colwell heirs, he
having looked after the work OF Sc
curing testimony in Texas
The interests of Lott are looked ar
ter by Judge Rite OF Iron River and
Clarence Dwyer OF Crystal Falls.
McDermott An Assumed Name.
In the first place it must be remem-
bered that "McDermott" was not the
real name of the man Iron county peo-
pie knew under that name. AS was
detailed in these columns several
months ago, his real name was Col
well and he left wife aud family in
New York state many years ago,
coming direct to Iron River where he
settled under the name OF McDermott,
his mothers maiden name.
The only connection between Nc
Dermott and has past was niece who
lives at Minneapolis and who occas1
ionally visited him. He took his secret
to the grave, and after death
the disposal OF his property gradually
unfolded his past until 1t all came out
and his children were found and
proved TO be his rightful heirs, pro-
vided, OF course, no last will or testa-
ment was shown and as none was
shown up at the time Il was generally
conceded that the property belonged
to the children and the estate was
probated upon that theory
VIII Showed Up.
Edward p. Lott, Sr., who was life
time friend OF McDermott, insisted
that will had been made out, but he
was unable TO find any. McDermott
lived with the Lofts during his latter
days and they treated him very kind.
ly.
The elder Lott died about two years
ago, and soon after HIS death a will
was found In the pocket OF one OF Nc
Dermott's old vests. The document
vas presented in court Tuesday II
provides that first OF all the funeral
expenses are 10 be paid out OF the Nc
Dermott property. The second item
is a bequest OF $500 TO Father Len
hart OF Iron River, with the request
that certain masses be said in mem
ory of the deceased. The next item is
bequest of $3.50 to Isaac W. Byers
OF Iron River, for professional serv-
ices.
Lille NJ. Lott. wife OF Lott, Jr., Is
next on the list and is left an undi-
vided, one-fourth interest in the min
erals on his lands because OF the care
and attention she has given deceased
in HIS lifetime. Clarence Lott, son
OF Edward II. and Lille Lott is next
left an undivided one-fourth OF the
ores and minerals to pay for his col
lege education and for the reason that
young Lott was named after the testa-
tor.
Next Edward p. Lott. Jr.. and his
wife, Lilly Lott are granted all Of the
surface of the Sw OF NE OF section
%, 43-35 that lies south OF the coun-
ty road.
To Ed Lott, Jr., Is left all OF the
horses, mules and other personal
property including farm machinery.
To Fred Olson Is lift any five acres
ne may select from the W 1-2 OF the
CONTINUED on Page Five.)