The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1919-11-11

The will offered for probate was made
on July 80, while Mr.. Shonts was i'll
in his home at $50 Park avenue, and
was witnessed by James L. Quacken-
bush, counsel for the 1nterborough
Rapid Transit company; Chester A
Robinson, and Ralph Norton. The exc
cutors are Mr.. Nicoll, e. ]. Berwind
a director of the Interborough, and the
Guaranty Trust company. Mr.. Shonts
died on September 81.
A trust fund amounting to 100000
is created for his two daughters, Mrs.
Marguerite Bingham and the Duchess
de Chaulnes of Paris The will stipu-
lates that the fund is to be enjoyed by
the two daughters for life and event
ually is to go to their issue, II eltn ne :
daughter should die without issue the
sister remaining is to receive the in
come for life.
similar fund is set aside by MI.
Shonts for the benefit of his sister,
Miss Eva Shonts of Hinsda1e, Ill,
and his two nieces, Mary Merrifield and
Jennie within of Chicago. After be-
queathing to Mrs. Shonts the $4,000 life
insurance policy and the portrait the
testator says:
Having by agreement, made in June,
1917, provided for my wife, Milla d.
| Shonts, l make no further provision for
her in this will. except that I acknowl-
edge an indebtedness to my wife in
the sum of 100000. payable within IL
months after my death"
ITO "MY FRIEND" MRS. THOMAS
The will then provides that the resid-
uary estate shall go to my friend
Mrs. Amanda c. Thomas, who lives at
| $50 Park avenue, in the same apart
ment house where Mr.. Shonts made his
| home.
In anticipation of a possible contest
of his will Mr.. Shonts inserted clause
providing that IL any beneficiary at
| tempted to break the WILL such action
would automatically annul such bequest
and that the share devised should go to
| Mrs Thomas.
| The next step in the fight over Mr..
| Shonts estate, which promises to be
| bitter will be taken this morning when
| Cornelius ]. Sullivan, as attorney for
| the executors, will go before Surrogate
| Fowler and move to set aside the ap-
| pointment of Mrs .Shonts. The motion
| will be opposed by Warren Dixon and
| George W. Files of lis Broadway, coun-
! sci for Mrs. Shonts, both of whom ex-
| pressed belief yesterday that the estate
| is much larger than the estimate made
| by Mr.. Nicoll
| None of the principals in the legal
! fight could be found YESTERDAY. Mrs
! Shonts continued to maintain her ST.
| lence although her attorneys said she
might discuss her side of the question
| in few days. Mrs. Thomas was saIV
| to be "out of town when efforts were
made to see her at $50 Park avenue
| Declaring that Mrs. Shonts had beer
| supplied with copy of the will offered
| for probate as well as copies of other
| wills her husband had made in his life
| time, Mr.. Nicoll yesterday issued {
| statement accusing her of breaking al
agreement made by her through S. Stan
| wood Menken, who preceded Mr.. File.
| and Mr.. Dixon as her counsel not tt
| take any court action until the arriva
| of the Duchess De Chaulnes, now il
| Europe.
Mr.. Shonts died September 81, 1919
said Mr.. Mean "On July 80, 1919, h,
made a will which was substantial,
the same as two former Wills one date,
| April 16, 1918, and another dated Jun
8, 1919, with some minor changes TIL
last two wills were cancelled upon tn
execution.
of the will of July 30, 1919 In January
1917, Mr.. Shonts made a prior will ant
executed a codicil thereto in july 1917
This will and codicil have not been can
celed but were revoked by the will o
July 80, 1919 In ali of these wills tn,
Guaranty Trust company, Edward j
Berwind. Esq, and l were the execu
tors After Mr.. Shonts' death S. Stan
wood Menken was retained by Mrs
Shonts and her daughters, and ex-Judgt
Clarence ]. Shearn by Mrs. Thomas
the residuary legatee. In the month o.
September, few days after Mr.. Shonts
death, a copy of the will was sent by
Mr.. Sullivan. the attorney for the exec
utors. to Mrs. Shohts, to the Duchess, d.
Chaulnes in care of Mrs Shonts, and tt
Mrs Bingham and to other parties in
terested in the estate. copy was also
sent to Mr.. Menken At his request
copies of the former will above men
toned were sent to him with a full
statement of the real and personal prop
erty in the estate. All the parties inter
ested were in the United States except
the Duchess de Chaunes who was trav
cling in Italy and could not be reached
On that account an understanding was
entered into between Mr.. Sullivan and
Mr.. Menken, that the will should not be
offered for probate until her return, anG
that in the meantime the estate should
be cared for by the executors acting
with the approval of all parties inter
ested. That understanding was in full
force when Mrs. Shonts, leaving Mr.
Menken for other attorneys. brought the
proceeding in which she was appointed
temporary Administrative. Mr.. Menker
any one else and has written letter tC
that effect to Mr. Sullivan"
| Both Mr.. Menken and ex-Justice Shear
declined to make any comment on thu
statement. The only comment Mr.. Dixor
had to make was that his client ma.
have seen a copy of the purported will
which was offered for probate. He sait
he did not know what agreements Mrs
Shonts might have made before he CAM
into the case.
In reference to the $4,000 indebtedness
which Mr.. Shonts admitted in his will
Mr.. Dixon declared that it was an obi
CATION which could not be cancelled b.
any contest. He said he was preparet
to show in court today that it was neces
sary for Mrs. Shonts to continue as TEN
porary administrator to safeguard the in
terests of the estate
II RECIPIENT OF LARGE SUMS
Persons close to the Shonts famil,
called attention to the fact that Mr.
Shonts had received a fee approximatin,
81, 900 900 several years ago from a west
ern railroad. His earnings as head o
the InterberougE together with othe
sums he received, totaled much more thai
would be indicated by the amount h
was said to have left. they pointed out
For eight years following 1902, it wa
learned. Mr.. Shonts gave his wife an
, two daughters $4,000 d year for thei
support. This amount was later reduce,
to $4,000 annually, it was said, whicl
sum was continued until the time of hi
death. Two years before his death h
is reported to have paid bill of s135, 90
Il for jewelry which has family had pur
chased in Paris.
: Mrs. Amanda Thomas was introduces