The Ward County independent. [volume] (Minot, Ward County, N.D.) 1902-1965, 1920-04-22
heirs WIN FIRST
ROUND IN Will Case

SuO8S NAuAA0y &AWAsAS0 AASS w -.
Made by Late Jos. Reichert.
Mary Keller to Appeal.
The brothers and sisters of the late
Joseph Reichart, wealthy young far
mer from northwest of Minot, who
passed away in this city Feb. "a, from
influenza, have won the first round
in the legal battle, Judge VIM. Muir
ray admitting the first will executed
by the young man. /.
Miss Mary Keller, a milliner from
Darlington, N. D., who was bequeath-
ed $500 in the first will and who was
given the Reichart farm, estimated to
be worth $4,000, by the second will,
is preparing to carry the case to the
higher courts. She claims that she
was to have been married to Joseph
Reichart in April, had he lived and
she was present when the second will
was executed on Feb. "a, about an
hour before Mr.. Reichart died.
The signature of Mr.. Reichsrt was
plainly written on the first viii! but on
the second the writing is scarcely
legible, evidently owing to the weak
ened condition Of Mr.. Reichart. His
first name was written fairly we'll,
but no one would recognize the second
name, which merely resembles the
scratches of pen. 1t was due to the
difference in the appearance of the
two signatures that caused Judge
Murray to recognize the first well ex-
ecuted and he considered that when
Mr.. Reichart signed the second will
he was in the clutches of the Grim
Reaper.
The brothers and sisters are repre-
sented by Attorneys John j. Coyle
and Fisk & Murphy while Miss Kellar
is represented by MCGEE & Goss.
Miss Kellar called at the Indepen-
the writer that she is prepared to
take the case to the highest court. :.
CAN that ! want is a square deal"
to be married, and had he lived, we
would have been married in April.
l did not tell anyone before his death
that we were engaged, but that does
not change the truth one bit. l ar
rived in Minot at four o'clock on the
day that Joe died and went direct to
the hospital. He knew me and he also
realized. that he was going to die.
We talked about our coming marriage
and Joe suggested that we be mar
ried that very afternoon but Father
Raith was out Of town, besides we
would have had to get our health Ii
censes. and this, under the circum-
stances, would have stood in the way.
But Joe wanted me to have his prop
erty and said that he wanted new
will executed. We had a new will
made out giving me most of the prop
erty and he signed it in the presence
of witnesses. He was conscious right
up to the last and knew exactly what
he was doing and this l can prove
when the time comes. l can also
prove that we were engaged to be
married, as / have it in black and
white and this I will also prove when
the proper time comes. 1lhave let
ter which he wrote 70 me the verv
day he died. Feb. "a. which was mail.
ed in the Minot postoffice at 2 o'clock
that afternoon. two hours before i ar
rived in Minot.
II intend to fight this case to the
highest court if it takes every cent
Of Joe's property. consider that I
have right to it. Do you think that
! would accent a paltry little 5000?
Don't you believe it,"
The case will be tried in district
court in June or July. Miss Keller
states that q change Of venue will be
taken to some other county.
The first will executed Feb. %. 1920
bequeaths 500 to Rev. j. j. Raith,
"for mass for my soul"; St. Leo's
church, Minot, NJ D., $500; Rev. ]. j.
Raith. education of worthy Catholics,
to Priesthood, $4,000; to Mary Keller
Of Darlington. N. D., the sum of 5000
and the remainder of his property to
his brothers and sisters, who share
equally. The will was witnessed by
]. j. Covle and Miss Einrite, nurse.
Miss Keller claims that she was be-
aueathed $500 by the first will and
that the figures were changed to 5000.
The second will, signed an>hour be-
fore death, directed the executor to
pay his just debts and expenses as
soon after his death as convenient.
After the payment Of such expenses
and debts he bequeathes to Rev. j.
J.SRaith, 500 for masses for his soul.
The will ends as follows:
II bequeath unto Mary A. Keller,
Caff1ngO0n, N. -, al my right, title
and interest in all lands owned by
me in Ward county, N. D., s 1/2, N.
E. IA and Lots / and 2, Sec. 6 and
Lot Z, s. w. IN, and N. w. ~ Sec.
5, Twp. 155, N. Range 49,"
Rev. ]. j. Raith was named as ex-
,ecutor and the will was witnessed by
A. Carr and Frank E. Wheelon.
4 IL.
Carload Of Certified Seed Potatoes for
4. Burlington
H. "A. Kluver Of burlington, is In
the city today, enroute home from
Kennedy, Mimi, whore he purchased
a car load Of certified EARLY Ohio seed
potatoes, which will be planted in the
vicinity Of Burlington. Mr.. Kluver
purchased the car Of potatoes In jan
uary and the pface has advanced 50
much since then that he could have