Free trader-journal and Ottawa fair dealer. (Ottawa, Ill.) 1920-1927, 1922-12-06
JURY OBTAINED TO
DECIDE MERITS 0 F.
HOADLEY WILL SUIT
TWELVE MEN ARE SECURED FOR
CONTEST NOW IN PROGRESS
IN CIRCUIT couRT-FiRsT TIES.
TlMoNY is PRESENTED.

Testimony In the Hoadley will case,
got under way this morning, after the
attorneys concluded their opening
statements. The last Of the twelve
Jurors, was secured shortly after
o'clock yesterday afternoon.
The twelve men who will say
whether the will left by the late Geo.
r. IIoadley, of Earlville, is his true
will, are: r. +. Killeloa. Manlius
John Fennessey, Ottawa; +. T. Rhode.
La Sale: James p. kearns, Manlius,
George Scherer, Ottawa, Charles Erb,
Ottawa Michael Gahan, Wallace.
Henry Koch Peru; T. h. Higgins,
Manlius; Leo Ewall, La Sale; Henry
Corrigan, Ottawa. and Melvin Smith,
Otter Creek.
A guardian ad Item. Harry G. Cook,
who was appointed by Judge Edgar
Eldredge to represent the minor heirs
In the suit. Is making the fight to
keep the will from being set aside.
He has retained attorneys; W, |. flibbs
and Ernest II. Pool.
Mrs Kate Hoadey. the widow of
the testator. and her three sons, Arth-
ur, Lester and Robert Hoadley, who
are the contestants are represented by
attorneys, Al. Clapsadde and G.. IL.
Chapman.
MIR. Hoadley passed away on Feb.
81. 1920. leaving an estate valued at
about $lZ5,000. He left his wife the
home. but the bulk of his estate in
trust fund, which was to go to his
grand children, Howard. Virl, Bessie
and Johanna Hoadley, at the death of
the contestants The Methodist and
Presbyterian churches, at Earlville,
each received an annuity of $50 and
the Masonic Orphans home at La
Grange. an annuity OF 800 during the
life time of the son, Lester. from the
trust fund provided for by the will.
The opening statement for the de-
Tense was made by attorney. W. l.
Hibbs. He declared the action was
father against children" and grand
mother against children. He eX-
planned the action of the court in APP
pointing guardian ad Item to rep.
resent the interests of the children
in the court action. The contestants,
he alleged, had made contracts with
the two churches and the orphanage,
to pay their legacies in lump sums, in
case they won the SUITS basing the
money they would receive on the
Illinois court mortality tables. He
alleged the Presbyterian church. Of
Earlyiiie, was to receive $500 in ease
the contestants won. the Methodist
church was to secure a similar amount
and the orphanage was to receive
twice this sum. This, he stated, was
done to keep them from fighting the |
action TO break the will.
The opening statement for the con.
testants was made this morning by
Attorney AL Clapsaddie of Leland .
He declared that the complainants
would prove by evidence that the
testator was OF unsound mind, at the
time he drew his will He stated
that after Mr.. Hoadley's death Mrs. I
Hoadley and her son Arthur of Earl
vile, who We're named as joint exec
utor and executrix. filed the will for
probate. and later believing that tes
tator was of unsound mind, decided
that the document should not be al
lowed to stand, and refused to quail
fly as executor or eXecutrix.
At the close of Mr. Clapsaddle's
Sldltlutut TIE Cast was IuIHtu over
to the proponents for their evidence.
AS is customary in will cases, the
defendants will have to present their
evidence first, to show that the will
should stand. In case they refuse to
produce this proof, the will is then
set aside by the court without testi-
mony from the contestants.
Up until the noon adjournment the
time was taken up with the ppesenta-
ton of documentary evidence by
the proponents. The will. deed Mr..
Hoadley executed shortly before
drawing the will, and other testimony
was introduced at this time.
The first witness was called to the
stand this afternoon. He was Will
liam Martin, president of the First
National bank OF Earlville, who draft
ed Mr.. Hoadley's will for him.
Mr.. Martin told the circumstances
under which the will was drawn, and.
how the testator ordered him to in
corporate all the provisions in the
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