The Wolf Point herald. (Wolf Point, Mont.) 1913-1940, 1923-11-15

XXIHEN John \. W, Bjelsnberg, one Of three brothers who pio9-
Wv ued at approximately 100000 He bequeathed much of his
property to Mrs. Augusta Kohrs OF Helena, a relative, and designated
Samuel McKenna, a Helena banker, as the administrator of the estate.
Nicholas and Charles Bielenberg, brothers of the dead man, have
brought suit in an effort to break the will and the case is being heard
in Deer Lodge.
Mr.. Bielenberg died in June, 1922, leaving an estate appraised at
a little more than 100000. For more than fifty years he was a partner
with his half brother, the late Conrad Kohrs, formerly of Deer Lodge
and Helena. Charles P: H. and Nicholas Bdenberg, brothers of
John Bielenberg, are endeavoring to break the will alleging that their
brother was of unsound mind and acted under the influence of others
at the time the will was made.
The will of John Bielenberg created the largest and perhaps the
ever planned by a Montana citizen, as well as providing for the COM
other, relatives.
John Bielenberg follow up the work ! he had been doing for a num-
organizations and relatives the sum of $4,000, and created from the
estate remaining after such requests were made a charitable fund, to be
to extend aid, assistance and relief, in such amounts, at such times and
benevolent, social community or educational purposes, institutions, as
socahons or societies, whether incorporated or not and whether public
or private, as in the opinion of the trustees, will render the income most
widely and substantially beneficial to the interests of mankind" It
gives to the trustees discretion to use the said income in dispensing
charity in its broadest and most humane sense"
All the income, but only a limited amount of the principal fund set
for the Charitable Foundation may be used for charitable pur-
poses, for a period OF twenty-five years. At the expiration i that
period, unless the Foundation is made perpetual by Incorporation. which
is authorized if the laws Of Montana will permit, the
are directed to distribute the principal Of the fund held by them
to "such charitable objects and purposes or deserving individuals as
may select"
The principal legacies mentioned in the will are as follows:
To Mrs. Augusta Kohrs, a sster-in-law, and her daughters, Mrs.
Anna, Boardman and Mrs. Katherine K. Warren, $4,000 each.
To Bertha Kohrs, and Mrs. EmeHe PhilEpson, nieces, $4,000 each.
To John Frank and Henry Kohrs, IT, sons of a half brother, all
residents of Iowa, $4,000 each.
To Charles F. H. Bielenberg of Deer Lodge, the income from $780,
GOO, which, at his death, is to go to his three children, Clara B. Evans,
B. Ch1ds and Charles Oscar Bielenberg.
To Nicholas ] Bielenberg of Deer Lodge, the income from 100000
and after his death this sum is to be divided between Howard and
Claude Bie1enberg, and Mrs. Alma Higgins.
To Mrs. William Gehrnann of Iowa, $4,000 in trust.
To Robert G. Y. Warren, Anna Warren and Conrad Kohrs Warren,
grand nephew and grand nieces, of Helena, $4,000 each in trust.
Charles Bie1enberg, who with his brother charge that John Bielen-
berg was not of sound mind when he made out his will and that undue
was used in detriment to his nearest relatives, told of the early
life of his brother, his addiction for Intoxicating liquors, and how in late
he had apparently suffered a general mental and physical break
He said his brother often neglected his most important business af-
could not keep accounts with his hired men straight, and allowed
his mind to wander when in conversation with other people. He test1-
fled that his brother would tell stories of the early days, of a hangman's
tree and Of a man who died of eating parsnips on Sun river. All Of this
testimony was introduced to support the contention of the plaintiffs
that Bielenberg did not know what he was doing when he composed his
last testament.