The Appeal. [volume] (Saint Paul, Minn. ;) 1889-19??, 1923-05-05
ST. PAUL AND MINNEAPOLIS MINI SATURDAY. NAY 5 1928
Attorney Francis Wins Three Year
Legal Battle Ia Minneapolis Court
Contest Over viii is Decided in
Favor of ST. Paul Mans Client
After Four Trials i'm Tacoma,
Wn. and Minneapolis.

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 verdict for Lucy
Smith, of Tacoma, Wash, and against
Clara Rhone, Of Minneapolis, Minn.;;
thus. ending 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 H. L. Scott
of Minneapolis represented Mrs.
Rhone in this last contest, Mrs. Rhone
having had seven other lawyers prior
to the last contest.
= Started Over VIII
The legal battle originally started
over win 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, 1913, she went to a
lawyers office and made 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
fiornia and Colorado, and on Decem-
Der Is, 1919, she died at Starkville,
Colo, leaving personal property IN
Tacoma and real property in Mime
apolis. ....
---s~. Defeated Three Times
Clara Rhone objected to the will
and the first legal battle started on
her objections in the Probate Court OF
Hennepin county, Minneapolis, in Jan
uary, 1920, and she was defeated
Mrs. Rhone then shifted to the Su-
perior Court at Tacoma, Wash, where
She was beaten in two further con-
tests. She then brought the contro-
versy back to the Probate Court at
Minneapolis and attempted to estab-
lish a lost will alleged to have bees
made by Mrs. Simpson after the other
viii was mace, leaving everything e
Mrs. Rhone, but which will could not
be found. Hester Keys, Sarah Mid.
dleton and Charles Dunwoody Were
witnesses for Mrs. Rhone and claim
to have witnessed the lost will.
First Will Sustained
The Probate Court denied Mrs
Rhone's petition to establish the al
legged lost will, but sustained the for
mer original will and appointed Luc.
Smith executrix of the estate. No
satisfied, Mrs. Rhone appealed to tn
District Court at Minneapolis and de
manded a jury trial. When the cas-
was called for trial Mr.. Francis OBJ
jected to having it heard before
Jury upon the ground that the ques
| ton to be determined was question
of law for the court to decide. MI
Clark maintained that the point in
yolved was a question of fact ant
therefore should be. submitted to !;
jury. Judge Salmon finally allowe'
a jury to be drawn, but at the clos
of the testimony, and on motion O
Mr.. Francis, would not allow the mat
tier to be determined by the jury. bu
directed the jury to return a verdic
in favor of Lucy Smith.
Mrs. Lucy Smith was present a
the trial and has made three trips t
St.. Paul during these various con
tests. She left for Tacoma last Sun
day, leaving all business in the hand
of her attorney.