The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1922-07-26
M'KENZIE WILL
CONTEST HELD
UNLIKELY HERE
Many Former Friends Do Not
Believe That Contest Is
Likely
WILL UP FOR PROBATE
Daughter of Second Wife Ap-
pears in St. Paul Court
With Lawyer
WILL UP FOR PROBATE

Bismarck friends of the late Alex
ander Mckenzie were inclined today
to discount the likelihood Of con-
test of the will which he made, by
three children of his second wife. A
St. Paul dispatch said that this was
indicated when the will came up for
probate yesterday afternoon.
Alexander Mckenzie Jr., and Miss
jeanette Mckenzie of Yonkers, N. Y,
were in Bismarck recently, but re-
mained only for a day. They came
here, they said, to pay their respects
to, the memory of their father, not
having been notified in time to at
tend the funeral. They did not spend
any time investigating the property
affairs of Mr.. Mckenzie although
they conferred with his friends.
It was expected, local friends say,
that they would look into the matter
since they were beneficiaries under
the will but they did not show any
dissatisfaction with the terms of the
will. The three children of his second
wife were left $4,000 each by Mr..
Mckenzie. They are Alexander Jr.,
jeanette and Thomas Oakes, the lat
ter being the youngest and being
named after a former president OF
the Northern Pacific.
Children in East
Alexander Jr. is engaged in the ex-
porting and importing business in
New York, being connected with a
large firm for which he will shortly
make a trip to Japan. Both he and
Miss Jeanette are graduates of Cor
nell university. The youngest boy,
Thomas, served in the navy during
the World War.
According to information in St.
Paul the family of Mr. Mckenzie,
which lived in Yonkers, N. Y, was
~ handsomely cared for by him during
his life. That he had married a sec
ond time, however, was not known to
many intimate friends.
: Judge George P. Flannery of st.
Paul, former; Bismarck man and
close "A ssociate- Of Mr.. Mckenzie, was
named executor in the will.
St. Paul Story
The Associated Press dispatch from
St. Paul regarding the possible con-
test said:,
Possibility that there may be
contest over the 100000 estate of
Alexander Mckenzie, pioneer politi-
cal leader of North Dakota, who died
here recently, was indicated late
yesterday when his will came up for
probate before Probate Judge How
ard Wheeler.
The first intimation that there
might be discord among two groups
of children came when Ambrose
Tighe, local attofney, appeared in
court with Miss jeanette Alpha Nc
Kenzie, of Yonkers, N. Y, the only
unmarried child of the decedent.
Allowance is Asked
Mr.. Tighe announced that any
testimony in. proof of the instru-
ment offered as his last will should
be taken subject to the rights of his
r clients to make objections later i'll
desired. Mr.. Tighe also represents
Miss McKenzie's two full brothers,
Alexander Mckenzie and Thomas O..
Mckenzie, both Of Yonkers. Mr..
Tighe asked that the court allow Miss
Mckenzie an allowance pending set
tlement of the estate. Hearing on
the probate Of the will was continued
one week when the matter of the al
lowance will be taken up.
Death of Mr.. Mckenzie and dis
covery of his will revealed for the
first time, even to his most intimate
trends, that he had been married
twice.
Under the will the residue Of the
estate after payment of debts and
specific bequests is given to his two
daughters by his first marriage, Mrs.
Ann C. Mckenzie Mcdonald of Re-
quad, Quebec, and Mrs. Mary Bar
barry Mckenzie Foster of Westmount,
Quebec, while the three children born
to his marriage to Mrs. Elva Nc
Kenzie are left but $4,000 each.
Residuary Estate Over $5oo,oo0
The specific bequests including
those to the three children together
with $4,000 to the decedent's half
brothers and sisters and $4,000 to
his life long friend and executor OF
his will, Judge George P. Flannery
of St. Paul, total $215,000. After pay
ment of expenses, the residuary es-
tate should be in excess of $5OO,OOO
so that the two daughters of the
first marriage will receive five fold
Continued on Page -
EOpMEQ T,OCAI,