The diamond drill., 1921-02-05
LARGE ATTENDANCE AT THE TRIAL
OF THIS INTRICATE CASE
MISS FREELY THE BULWARK
Against Which The Attacks OF
Those Supporting The Last
Win We're Launched

An action seeking 10 substitute a
new will in the action known as the
kinney Case" attracted the attention
OF the Iron county circuit court for
the greater part OF three days this
week. The case Is three-sided affair
in which divergent interests are con-
testing for the property OF the late
John S. Kinney of Stambaugh.
The property Is a very valuable
one as II contains the zimmerman,
mine, one OF the large mining proper
ties OF the range.
Kinney was az one time poor
homesteader, but in 1910 he blossom
ed into a wealthy man because OF the
discovery OF iron ore on the property
that he homesteaded in Spring VAL
ley. Stambaugh township.
Immediately upon becoming veal
thy he became famous for the many
fool ldtigations he got into, so that his
latter years were almost all one OF a
continued story OF court proceedings.
He was killed in an accident in Los
Angeles in 1918 but the litigation Is
not yet ended II promises to flow on
for a year or two at least.
Wills and Widows Clash
John s. Kinney was a widower
when he became rich. His good wife
who labored with him while he was
in poverty and bore him a family OF
five children had passed to her re-
ward long before wealth came 10 dis
turb the tranquil life on the home
stead in Spring Valley.
Kinney, after acquiring wealth,
yearned for a help-mate to help him
spend his money and his yearnings
in that direction were the cause OF
much OF his litigation; his acquiring
one was the cause OF the present liti-
cation.
There was the conflict OF interest
between the children-his heirs-and
his desire for second wife. He at
tempted to set the question OF the
rights OF his heirs al rest by a deed
in trust and will which the heirs
claim he executed in 1912. Two doc
uments, one the compliment OF the
other. comprised this set OF papers
and In the contract drawn at that
time, II Is alleged an agreement was
entered into between Kinney and his
children that no subsequent will
should dstrub the covenants entered
into in those two documents.
This will and contract deed was
drawn by Miss Harriet Freely. n
woman attorney OF Washington, ID. G
and she thereby became the star per-
former In the proceedings in court
this week
Kinney married a second time I'm
1916. After his death, in 1918 a will.
subsequent to the one executed In
1912. was presented to the probate
court OF Iron county as the last will
and testament OF John s. Kinney and
was accepted as such by the probate
court.
The will sought to bedueath 10 the
second Mrs. Kinney a certain sum OF
money in lieu OF her dover interest
and the will and the widow clashed,
for she Immediately elected 10 stand
for her dover rights which no will
can set aside in way that this one
proposed.
Ante Nuptial Agreement Turns Up
After the second will was presented
TO the probate court OF Iron county
and accepted for probate the heirs
came IN with what they claim was
a contract and VIII made previous
TO the marriage and also a copy OF an
ante nuptial agreement whereby II
was agreed between Kinney and Mrs.
Hibbard-Kinney that she was TO re-
ceiye $1,000 on the day OF the mar
riage and $1,000 per year each sub
sequent year during the life OF Mr..
Kinney and In lieu OF this she re
linquished all rights that she might
gain TO the property OF j. s Kinney
through marriage 10 him.
The present action Is to establish
the correctness OF the contract and
to COMPEL the specific performance
thereof
II the heirs succeed I'm setting ur
the genuineness OF this contract and
ante nuptIal agreement II will cut the
widow out OF any and all claim 10
the property. all OF which will pass
to the heirs as provided for in the
first will.
The executors Of the second will
claim that the will Is the one that
should be selected as the basis for the
Continued on pare 4