Richmond daily register. (Richmond, Madison County, Ky.) 1917-1978, 1921-01-03
SUES TO BREAK
MRS. IRvINE'S WILL
DIR. Irvine White Declines To Act
AS Executor and Brings Suit
In Court

take steps to defend the will of the
late Mrs. Elizabeth S. Irvine by the
terms of which he is the residuaryi
legatee, his portion Of the estate be-
ing estimated at abou out 100000. By
the terms of Mrs. grvine's will, her
handsome home hcrd was left to the
Kentucky State Medical Society for
the purpose of establishing hospital.
The income from property in Kansas
City, netting abcut $4,000 a year,
was provided r. support and mainte-
nance of such an institution.
SHIT to break the will has been filed
in the Madison circuit court by d. r.
vine White, ST., of Huntsville, Ala,
who is nephew of the deceased.
Greenway is great-nephcw Of Mrs.
Irvine and was named for her huS-
band, the late William Irvine. At
torney D. Irvine White, Jr., of Kansas
City, Mo., and Attorney John holland,
of ihis city, represent d. Irvine White
Sr., in the viii contest. Mr.. White
was named in the will as one of tho
executors, together with John W.
, Crooke, cashier of the Citizens Ma
| tjon;.l Bank. Mr.. White refused, how
ever. 10 qualify as an executor, and
has brought this suit against Mr..
Crookc as executor and the benefici
aries named in the will, seeking to
have it set aside ana "bc found and
.lec1;rcd not to be the last will and
testi.m ent" of Mrs. Irvine. The es-
tate affected by this suit, which will
, prob ,i;ly be one Of the hardest fought
civil actions in this section in a num-
bcr ,f year, is estimated at about
$dOG 900.
TIE suit brought by Mr.. White to
brea,z the viii is set forth in detail I'M
the petition, as follows:
j.. Irvine Whites Petition
IN THE MADISON CIRCUIT
COURT, MADISON COUNTY, KY.
In Tie Matter of the Estate of Eliza
beth S. Irvine, Deceased.
ID. White Irvine, ST., Petitioner, Cap
peIlant) VS..
John " Crookc, Executor, City Of
Richmond, Presbyterian Church Of
Richmond. Kentucky, Trustees OF
Presbyterian Church Of Richmond,
Kentucky. Medical Society of Ken
tucl,y. Sophie Sea. Reuben War
ford, Sallie Irvine, Fannie Hawe.,
Bessie Miller, Mrs. Robert Miller,
Fannie S. Matthews. Willie |.
'ouodu N1Cb. ttHRlDS
W. Walker, Matte z. Darwin, Su
Alice 2. Walker, Humes Patton,
Oliver B. Patton, Irvine Patton,
Gilbert c. Greenway, Sadie G. KeI
Ter, James G. Greenway, John c.
Greenway, William ]. Greenway,
Luke NJ. White, Lucy M. White,
Shelby /. White, Addison White
and David ]. White, Defendants.
PETITION ON APPEAL TO CON
TEST WILL
Now comes the above named peti
TONER (appeIlanD, d. Irvine White,
ST., of Huntsville, Madison county,
Alabama, and says that OH or about
the 25th day of November, 1920, E,liz-
abeth S. Irvine, of Richmond, Madison
county, Kentucky, the maternal aunt.
Of petitioner, died at Richmond, in
Madison county, Kentucky, leaving
said petitioner, his two sisters, Susan
Med. White and Shelby w. Walker,
both Of Huntsville, Madison county,
ters and sons of petitioners deceased
sister, Bette w. Patton, to-wit: Mat
tie p. Darwin, Huntsville, Alabama,
, Susan p. Bennett and Shelby |. Pat
ton, Of Washington, ID. c., Alice r.
Walker, whose residence address is
10 this petitioner unknown, Humes
Patton, of Washington, d. c., Oliver
B. Patton and Irvine Patton, of All
Arizona; and the following named
! daughter and sons of petitioners de-
ceased sister. Alice w. Greenway, to-
wit: Sadie G.. Keller, Of Washington
D, C., Gilbert G. Greenway, of New
York City, New York, James c.
Greenway, of Greenwich, Conn, John
G. Greenway, of Warren, Ariz., and
William /. Greenway, of Reno, New.
her heirs at law, all of whom are over
| the age of twenty-One years, and
are joined herein as parties defend
s, ant.
That on the 9th day of December,
1920, certain writing, purporting to
| be the last will and testament of the
! said Elizabeth S. Irvine, was present
| ed to, and by the Madison county
| court, of Richmond, Kentucky, admit
ted to probate. Said writing is now
recorded in said court as part of
the records thereof in will book
A copy of said alleged will is here
with filed and made part hereof
marked Exhibit A."
| On the--day Of, 1920, the
| said John w. Crooke, named in said
writing as the executor thereof,
qualified as such executor and is now
! acting as such executor of said writ
| ing.
! By the terms of said writing or al
legged will. the following persons,
whose last known ,postoffice address is
! set opposite their respective names,
are named as legatees and devisees
of the said Elizabeth S. Irvine, de-
ceased, tO-wit:
Huntsville, Ala.-Mattie p. Darwin,
Susan Med. White, D. Irvine White,
ST., Lucy M. White, Addison. White,
Shelby I. White; Susan P. Bennett,
1922 10Th street, Washington d. c.;
Shelby /. Patton, Garfield Hospital,
j Washington, d. c.; Hames Patton,
Washington, d. c.; Sadie G. Keller,
Walter Reed Hospital, Washington.
d. c.; Richard w. Miller, 1922 10Th
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