The northwestern bulletin., 1923-05-05
Big Legal Fight
Is Concluded
w. T. Francis Scores Victory IN
Minneapolis Court Over
Will @, ntest.
TACOMA WOMAN GETS
VERDICT IN LONG CASE
Litigation Began Over Three Years
Ago When Beneficiaries
Disagreed.

Tuesday, Wednesday and Thursday
of last week were busy days in the
district court at Minneapolis, and
when the three days legal battle end
ed Judge Salmon granted the motion
made by Lawyer Francis and directed
the jury to return a verdict for Lucy
Smith of Tacoma, Wash, and against
Clara Rhone of Minneapolis, Mimi,
thus ending a legal battle in the
courts at Tacoma and Minneapolis
that has been on for three years.
w. T. Francis of st. Paul repre-
sented Mrs. Smith during the entire
time, and F. E. Clark and II. l..
Scott of Minneapolis represented Mrs.
Rhone In this last contest, Mrs. Rhone
having had seven other lawyers prior
to the last contest.
The legal battle originally started
over a will made by Margaret Simp-
son, also known as Maggie Martin,
who formerly lived in Minneapolis,
but later moved to Tacoma, Wash.
While in Tacoma she was operated on
for cancer. The day before the oper-
alton, July Is, 1918, she went to a
lawyers Office and made a will, leav-
ing half of her property to her friend.
Lucy Smith. and the other half to her
sister, Clara Rhone. After recovery
from the operation she visited Cali
fornia and Colorado, and on Decem-
Der Is, 1919, she died at Starkville,
Colo, leaving personal property in
Tacoma and real property and other
personal property in Minneapolis.
Clara Rhone objected to the will
ana the first legal battle started on
her objections in the probate court
Of Hennepin county, Minneapolis, In
January, 1920. and she was defeated.
Mrs. Rhone then shifted 10 the supe-
rIor court at Tacoma, Wash, where
she was beaten in two further con-
tests. She then brought the con-
troversy back TO the probate court at
Minneapolis and attempted to estab-
lish a lost will alleged to have been
made by Mrs. Simpson after the 9TH
er will was made. leaving everything
to Mrs. Rhone, but which will could
not be found. Hester Keys, Sarah
Middleton and Charles Dunwoody
were witnesses for Mrs. Rhone and
claimed to have witnessed the lost
will. The probate court denied Mrs.
Rhone's petition to establish the al
legged lost will, but sustained the
former and original will and appoint
ed Lucy Smith executrix of the estate.
Not satisfied, Mrs. Rhone appealed to
the district court at Minneapolis and
demanded Jury trial. When the
case was called for trial Mr.. Francis
objected to having 1t heard before a
jury upon the ground that the ques-
ton to be determined was question
of law for the court 10 decide. Mr..
Clark maintained that the point in
volved was q question OF fact and
therefore should be submitted to a
jury. Judge Salmon finally allowed
a jury to be drawn, but at the close
OF the testimony, and on motion of
Mr. Francis, would not allow the mat
ter to be determined by the jury. but
directed the jury to return verdict
in favor of Lucy Smith.
Mrs. Lucy Smith was present at
trial and has made three trips to st.
Paul during these various contests.
She left for Tacoma last Sunday.
leaving all business in the hands of
her attorney.