Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-03-15

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however, the Judge advocate general Of
the Army may be asked for an opinion
and this matter is likely TO be taken up
soon by Secretary Hurley. The mauso-
leum Is located in the southern part
of the cemetery in what Is known as
the Dewey section. There Is only one
other private mausoleum in Arlington,
officials said, that being occupied by
the body of Gen. Nelson A. Miles, the
famous Indian fighter.
Charges Undue Influence.
So far as the contest over Mrs.
Dewey's estate, the step-son declares
that at the time of making the 1925
will Mrs. Dewey was not mentally
competent and charges that it was OBJ
tanned by fraud and undue influence
exercised on Mrs. Dewey by some per-
son or persons unknown to him." Mr..
Dewey is represented by Attorneys
Charles II. Baker and George r. jack
son of Washington and Attorneys F'yffe
and Clarke of Chicago.
The caveat of the stepSon followed
the fling by Attorney G. F. r. Ogilby
of the law firm of Peelle, Ogilby 81
Lesh of several testamentary papers
purporting to be wills and codicils Of
Mrs. Dewey and asking for the probate
of the will of May 2, 1925, which Is
modified by codicil of May 9, 1925.
The codicil provided for the transfer
Of the body of Admiral Dewey from the
crypt Of the Protestant Episcopal
Cathedral at st. Adams to the maui
solemn at Arlington, where it was first
inferred. The executors, the National
Savings g. Trust Co. of Washington,
and Alvin Untermyer of New York, tell
| the court that 1t will not be necessary
to carry out the provisions of the codi-
| Gil, which was made when Mrs. Dewey
feared that her body would not be per-
mitted to lie in the cryt with her hus-
band. The body has already been placed
in the crypt, the court is advised.
Nephew Not Mentioned.
| Edward Beale Mclean, a nephew and
nearest relative of Mrs. Dewey, is not
mentioned in the 1925 will, but 1t is
| expected will receive one-third of the
estate If that will is upheld by the
court. This happens because of the
| failure of Mrs. Dewey to dispose Of the
entire remainder Of her estate in that
will. She left one-third of the residue
| of her estate to the National Savings
| g. Trust Co. and Alvin Untermyer in
| trust, to pay the income to Frederick
! Mclean Bugher, son of her late
nephew, Frederick Hamilton Bugher,
until he reaches the age of 30 years,
| when it is TO be surrendered TO him.
/ The will expressly declares that no dis
position is attempted of the remaining
two-thirds of the residue Of the estate
/ at the time Of making the will, but will
be treated in codicil, which, as far as
learned, she never made. This leaves
her intestate, it is claimed, as to that
| portion OF the estate, which under the
1 law would 90 to her nearest relatives
Edward Beale Mclean and Frederick
Mclean Bugher.
The 1925 will provides a bequest Of
$4,000 for her maid, Ellen Boyle, and
| 81 900 each to her servants who have
been one year in her employ. A life
annuity of $4,000 is provided for Henri
eta B. Bugher, widow Of her nephew,
Frederick Hamilton Bugher.
Under the viii of October 20, 1928,
a number of requests are made, includ-
ing 5000 to Miss Elizabeth Poe, friend
of Mrs. Dewey, and the bulk of the es-
tate left TO George Goodwin Dewey, her
stepson.