The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1923-03-01
WON'T PROBATE
BURNED WILL
Kankakee County Refuses
to Probate Destroyed
Cantway VIII.
ONLY BEGINS CONTEST
Attorney Baker to Carry on
Fight for 100000 Estate
r for William Cantway. Ia

The county court of Kankakee coun-
tv, Illinois, through County Judge
Ruell. today handed down an order de-
nyine the request Of William Cantway
Of Kenosha to have the will of Noel
Cantway probated. Noel Cantway died
December g. 1921, leaving an estate
valued at 100000. In 1889 he made a
will, making his nephew, William Can't
VIVA, now an employee of the Nash Mo-
tors Company Of Kenosha, sole bene-
Sciary. After the death of Noel Can't
way a will was found, but the original
name erased and that of another sub
stituted. This will, it is alleged, was
later destroyed. Other contesting
heirs have appeared and administra-
tion Of the estate begun.
Attorney R. v. Baker, who is repre-
senting the. AKenosha man, holds that
the validity of the original will can be
established through witnesses, and he
sought in county court to have this
will probated. Papers to this end were
filed in the county court at Momence,
Kankakee, ILL.,, about a month ago, and
ten days ago Attorney R. V. Baker ar
gued the matter before the Kankakee
county judge. The order just handed
down denying this petition does not,
however, end the case. &s.
k,q.yaS Carried to Higher Court. Asssa
awe are filing an appeal to the cir
cult court at once" declared Attorney
Baker this morning, "but it doesn't
matter much whether we win there or
not. We are appealing from the order
of the Kankakee judge, but had he
ruled in our favor, the other contest
ing heirs would certainly have APP
pealed. The contest is bound to be a
long one. If we win in the circuit
court, the other heirs will undoubtedly
appeal to the supreme court; if we
lose, we shall appeal to the supreme
court. We shall not know the final
result until probably a year or two
from the present date"
Meanwhile the other heirs, repre-
senting brothers and sisters of Noel
Cantway, have also engaged counsel,
and the will case promises to be one of
the most interesting contests of its
kind. oak
Uncle and Nephew Intimate.
Attorney Baker bases part of the
claim of William Cahtway on the rela-
tion of intimacy which existed for
years between the young man and his
uncle, Noel Cantway Noel was a bach
elor farmer, with rich holdings around
Momence, III. William was born on
his grandmothers farm nearby. When
William was twelve years old, his uncle
took him to live with him, gave the lad
a high school education, and showed
every sign Of affection. Is
i About this time, in 1889, Noel Can't
way made WILL leaving his property
to William as sole heir. Attorney Ba-
ker stated that he had found RESPONSE
bic persons in the town of Momence
who remembered this will, and the
cashier of the state bank there remem-
bered signing it.
=, When Noel Cantway died little
more than fourteen months ago, the
clan gathered for his funeral At first
it was reported that no will had been
found among his papers, and steps
were taken for the administration Of
the estate. Later will was found.
In this discovered will there was evil
dence Of an original name having been
written in, but this was erased and an
other name substituted Whether this
substitution was made by Noel Can't
way or by someone else is not known.
The name written in was that of Jo-
seph Cantway, a brother of the de-
ceased Noel. He was advised that he
could not claim the estate because Of
the erasure, by Noel or by someone
else, of the original name as it stood
in the will. Joseph, according to At
torney Baker, met with the other heirs,
and they all agreed, it is alleged, to
burn the will and the will was de-
stroyed. -.
1t is this burned bill which Attorney
Baker, in the interests of the Kenosha
workingman, is attempting to intro
duce, by evidence proving it's prior ex-
istence, as in fact the will of the dead
MAN. Eis s&s,assssss