New-York tribune., 1919-09-08
Former Nice-President'sWill
Is Contested on Ground
1t Was Procured by I'm
due Influence and Fraud
She Accuses Her Brothers
Says $4,000 Was Included
for Memorial to Mother;
Father Wished $5OO,OOO
Staff Correspondence

INDIANAPOLIS, Sept. Mrs. Ade-
laide F. Timmons, daughter of the late
Charles Warren Fairbanks, who filed a
suit in Probate Court here yesterday
in an attempt to break the will of her
father, on the ground that he was Of
unsound mind when it was made. is
sued a statement o-day in which she
charges that her two brothers, Frcder-
ick c. Fairbanks and Warren c. Fair
banks, drafted the will, which involves
$4,000 000 when Mr.. Fairbanks was so
weak and blind that he was unable to
comprehend the effect of his acts.
Among other charges she declares
that the two brothers wrote in the
will that S50,000 should go to the City
of Indianapolis as memorial to their
mother, when it was their fathers de-
sire to give $500 900 for such me-
mortal
Il have brought this action to con-
test and set aside the will which has
been probated as the will of my father.
because it is not his will,' said the
statement issued by Mrs. Timmons.
THE probated will was drafted by
my brothers, Frederick and Warren
after father was so weakened and en-
feebled by disease that he was unable
to know and comprehend the effect of
his acts.
"My father, as shown from his death
certificate, Died from cerebral hcm-
orrhage caused by chronic nephritis.
of the death of mother, Cornelia
Cole Fairbanks, was we'll advanced
Shortly after her death he discussed
and planned memorial for her in
the nature Of a S50O,00O beouest to
the city OF Indianapolis. Such a gift
Would in a measure have been com
mensurate with the high esteem in
which he held her
Target for Sarcasm
He at that time elaborated the plan
for maintaining intact this contem-
plated bequest, which appears in the
probated Will in connection with the
meagre $4,000 bequest and which has
caused father TO appear ridiculous and
the target for sarcastic editorials and
comments throughout the country
81 was at home at the time of my
mothers death, and, with the cxcep-
tlon of about SIX months following her
death, remained with my father until
his death. His condition grew steadily
worse. During the 1916 campaign he
was forced to cancel many Of his speak
ing engagements. After the campaign
his decline was rapid. The seriousness
of his illness was carefully concealed
from the public
I'm March, 1918, my brother Warren
came from California on account of the
gravity Of my fathers condition. At
that time father was totally blind in
his right eye, while his left eye was so
badly affected that he was under or
ders from his occulist not to use it at
all. His blood pressure was very high,
he was suffering from aphasia and
loss of memory, and he was so enact
ated and otherwise affected that his
death was not unexpected
1t was at this time that my father
told my two brothers, Warren and
Frederick, to draw up will to suit
themselves. The probated will is the
result"
1T was at this time that my father
told nv two brothers, Warren and
FREDERICK, to draw mp a will to suit
them selves. The probated will is the
result
Obtained by Fraud
In her contest Mrs. Timmons alleges
that the will is invalid on the ground
that Mr.. Fairbanks was of un-
sound mind "at the time said pretended
Will attempted to be executed" that the
Will was procured by undue influence.
ana that 1t was obtained by fraud
1t IS alleged by Mrs. Timmons that at
the time of his death her father was
the owner of personal property of the
value of S3,0O0,000 in Marion County;
tnat he was the owner of real estate in
Indiana valued at 81 ,O0O 900 and was
the owner OF real estate in Illinois
consisting of $4,000 acres of farm land
OF the value of S4,000,000. She alleges
that he owned other lands in Indiana
and Illinois, the value of which to her
is unknown.
The complaint set out: "That the
amount and value of all the property
gwen, as aforesaid to this plaintiff un-
der and by the terms of said pretended
will is grossly less than the value of
onc-tifth of said decedent's estate. the
amount and portion to which this plain
TIN would be entitled as the heir at law
OF SAID decedent, all to the injury of
this plaintiff"
The Fairbanks will was filed in the
Marion County Probate Court June l9
1918. and the will bore the date OF
March 10, 1918.
Bequeathed $4,000 a Year
The complaint sets forth that the
Will gave to Mrs. Timmons during he,
ilfeume $4,000 year, to be paid he,
by the executors in such instruments as
may best sult her convenience Rober,
Falrbanks, brother of the plaintiff
was ielt $4,000 year or such addi-
'N'44 GO tiS executors snail deem
necessary, according to the complaint
All heirs, other persons and corpora
tions mentioned as beneticiaries in the
VIII, with the exception of the plain
TN, are named by the complaint as
defendants. They are as follows:
Warren. Richard and Frederick Fair
oahks' executors, and Robert Fair
banks, sons; Newton II. Fairbanks. a
brother; Jennie F. Milikan, q sister:
Mary Deane. who was his secretary;
Richard NJ. Fairbanks, jr.; Edith Ann
Fairbanks, Cornelia Warren Fairbanks
Charles Warren Fairbanks and Cor
neha Scott Fairbanks. grandchildren
Theresa Norton, the City of Indian
apohs, Depau University, Methodist
Episcopal Hospital and Deaconess
Home. Ohio Wesleyan University and
st. Vlncent's Hospital9 and Richard
Wright. Nora Maloney and Bertha Nor
ley, servants.
Worry Makes Skipper Ill