Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-07-28
Representatives of Estate
Indicate They Will Deny
She Is Heir-at-LaW.
PEYSER THINKS ESTATE
is WORTH 100000
Attack on Delay in Docketing
Adoption Decree Seen-Kellogg
Announces Contest.

With counsel for DR.. John Harvey
Kellogg marking time. representatives Of
the estate of Mrs Mary F. Henderson
today indicated they would resist any
attempt by Mrs. Beatrice Wholean, the
society leaders reputed granddaughter,
to break Mrs. Henderson's last will on
the ground that she was never legally
adopted and that she is not an heir-at-
law.
DR.. Kellogg, head Of the Battle Greek.
Mich, Sanitarium, announced yesterday
he would contest the will, which leaves
nothing to his institution. although the
sanitarium was given virtually the en-
tire estate in an earlier will. DR.. Kel-
logg was in conference this morning
with his attorney. Edmund L. Jones,
associated here with Frank j. Hogan.
1t is expected, however, Mr.. Jones will
initiate legal proceedings within ths
next few days in DR.. Kellogg's behalf.
Estimated at $4,000, 900.
For the first time today an authori.
tative estimate as to the size Of the
Henderson estate was forthcoming.
Maj. Julius I. Peyser of counsel for the
executor, George Edelin,. said an esti-
mate of S6 900 900 as the value of the
entire estate would not be too large"
He explained, however, the bulk of the
estate consists of real property and that
any estimate as to value must be gov
erned by current market conditions.
All Of the real estate, he said, Is un-
incumbered.
1t was learned that II Mrs Wholean
should undertake to attack the viii Of
April 8. 1881. which leaves the estate
to a niece and nephew in New York
City, counsel for the executor may take
the position she was never legally
adopted by Mrs. Henderson.
May Attack Delay Of Decree.
1t is not denied that an official de-
cree was signed on December 80. 1924,
ordering the adoption and making Mrs.
Wholean the heir-at-law at Mrs. Hen
derson's request.
There were indications. however,
that the contention will be advanced
that the failure to have the decree
docketed Immediately nullifies its effect.
This was one of the allegations made
by Mrs. Henderson recently when she
sought to have the decree set aside.
H Prescott Galley counsel for Mrs.
'Wholean. contended at that time the
delay in docketing had no effect on the
validity OF the decree. The case was
still pending at Mrs. Henderson's death.
DR. Kellogg yesterday refused to dis
cuss in detail his plans.
You understand" he said, that this
will Cthe last one) is going to be con-
tested In the courts. do not think IL
would be proper for one Of the contest
ants to discuss it out Of court. There
fore. I can give you no details. I must
refer you to my attorney"
Talks Of Mrs. Henderson's Plans.
The physician. however, talked freely
of Mrs. Henderson's plans for improve
ing the health of mankind through pro-
mitigation of sane living rules. One OF
her purposes. he said. was to finance the
wide circulation of her booklet: The
Aristocracy of Health
Il never asked her to give anything
to the sanitarium." DR.. Kellogg said.
and I was surprised when l learned
the terms of the will. What she gave to
lis was given of her own volition.'
DR.. Kellogg brought with him a codi-
Gil TO the will of July Is. 1927. the one
which left the estate to the Sanitariun.
This codicil was filed Yesterday by At
torney Nelson B. Harrison, also asso-
ciated with Mr. Hogan.
The new codicil according to Attor-
ney Harrison. has been in the possession
of DR.. Kellogg in Michigan since its
signing by Mrs. Henderson. The only
the naming of the Washington Loan &E
Trust Co. as the trustee for the 100000
funds provided for Mrs. Henderson'S
niece Frances Arnold. of New York the
income from which after the death Of
Miss Arnold is to go to Augusta Arnold.
a child of Henry NJ. Arnold, a nephew
of the testatrix.
Hoehling Bequest Restored.
The bequest to former Justice Adolph
A. Hoehling, which had been reduced
to SIS, 900 by one of the wills, is restored
to $4,000 in the codicil.
The Battle Greek College remains as
the residuary legatee OF the will as
provided by the testament of July Is.
1927. and it is directed to spend $500
annually to prevent cruelty to wild
animals through the use of steel traps.
The codicil names as executors, DR..
John Harvey Kellogg. B. c. Kirkland,
both of Battle Greek, and Adolph A.
Hoehling of this city.
POLICE TRY TO TRACE