Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1920-01-01

The will Of L. r. willard Will not be
set aside and his quarter Of million
dollar estate will not be divided annons
tho heirs--at isast not unless higher
court so decides. Judge James w.
wallett, In the district court Wednes-
day. refused to set aslee the will or
divide the estate as tho widow. Mrs,
Jennie A. Willard, and ner Ave daush-
ters had petitioned the court to DO.
In his ruling the court sustained the
demurrers Of the executors and trus-
tees, C. C. st. Clair, @. II. Ruth and
w. H. Kalbach. the latter Of Oskaloosa,
as to the construction o: the will. The
trustees attacked the petitions. appli-
cations and elections OF Mrs. Willard
and her daughters by demurrers. The
object of the trustees was to continue
the estate as Willard had left It.
No Ruling on Allowance.
Mrs. Willard made application for
widows allowance Of $500 month for
her support. She has been receiving
SllS.S7 q month. The court did not
rule on the question Of the allowance
but II is known that this detail proba-
bly, will be adjusted to the mutual sat
isfaction Of Mrs. Willard and the trus :
tees. The latter probably will not
make any serious objection to Mrs.
Willard being allowed sufficient addi-
tional money to meet her requirements,
HerS Efforts Defeated.
The ruling Of Judge Willett COM
pIetely defeats the legal efforts OF Mrs.
Willard and the daughters to have the
will set aside and the property DIVIDED.
Mrs. Willard, in her petition. refused
to consent to the provisions OF the Will
made for her and elected instead to ac-
cept her one-third distributive share.
which would include one-third OF all
the real estate, exclusive OF the home :
stead. and one third Of all the personal
property. In addition she petitioned
the court for ownership Of the exempt
ed property, the homestead, and made
application for widows allowance
for the first year following her hus-
| bands death.
Other Heirs Wanted Rest.
The other heirs. Mrs. Lucille w.
Kirk. Mrs. Hazel A. Householder. Mrs
Alice F. Hurlourt Mrs. May F. Holmes.
and Mrs Helen H. Marshall, In their
petition for a construction Of the Will.
sought to have 1t set aside and the re-
naming two thirds distributed among
them
Under the will Mrs. Willard was Civ
en- life interest in the home and all
Of the rest of the property was put IN
trust, the trustees being given sole
control. They were directed by the
will to pay Mrs. Willard $4,000 year,
and an additional $1,000 year If the
$4,000 was not sufficient for the sup
port of herself and children. AT her
death the will directed that the estate
wac to be divided among the children,
hut none Of the children was to have
| the use or control Of her share until.
she became % years Of age.
Estate Worth $224.oO
The inventory and appraised value
of the estate at the time the contest
was begun in September, 1918. was
placed at s224.O14.5O. In addition to
the home residence property the other
real estate included property at the
corner of First and Church streets, an
undlWdeu OHe-tniru ih.eies' III Va
business property at SO West Main
street. occupied by the II. Willard Son
& Co., fur store, the property at 20
South First street. occupied by the
hide warehouse and offices Of Fl. Will
lard. Sop & Co.. an undivided one
fourth interest in thirty lots in Oak
Park addition. Sioux City. residence
property in Bismarck, N. D.. and 16o
ores In Mercer county. North Dakota.