Evening star., 1939-08-22
Bitter Battle Looms
Over Walters Will
Filed in Reno
Name of Husband
Omitted in Body
And CodiciI
Special Dispatch to The Star.

| Special Dispatch to The Star.
RENO, New, Aug. 22.-One Of the
most bitterly fought contests in Ne
vada court history loomed today over
the 81 SOC, 900 estate of the late Caro-
line Roebling Hagner Walters fol-
lowing the filing of a petition for
probate of her will late yesterday
with motion to set aside efforts of
her husband, Paul A. Walters, to be
appointed administrator OF the es-
| tate.
The petition, with an attached
codicil, was filed for Robert C.
Roebling of Georgia, brother of
Mrs. Walters, and George Cutting
OF Virginia, named in the codicil as
executors and trustees.
No mention was made in the will
or codicil of Mr.. Walters, who was
wed to the Roebling bridge building
fortune heiress shortly after her di-
vorce May 8 from Alexander Hagner
OF Washington, D. c., and Warren
ton, Va.
Held Not Revocation Act.
In filing opposition to Mr.. Walters
efforts to seek letters of admins
tration, Mr.. Roebling and Mr.. CUT
ting took the stand that the former
Mrs. Hagners marriage to Mr.. Wal
tiers did not constitute an act of
revocation of the will or codicil and
that all Of her estate and personal
property was acquired prior to their
marriage.
Mr.. Walters petition is scheduled
for hearing next Monday, the same
day on which the motion to set aside
probably will be heard.
Mrs. Walters died July 8 at her
Reno home from a gunshot wound
which a coroner's jury decided was
Self-inf1icted by accident.
Will Is Dated 1888.
The will is dated January u.
1888, at Washington, D. c., and the
codicil, which revokes specific be-
quests to Mr.. Hagner, is dated
February %, 1899, at Washington.
The will provided that the estate
should be divided as follows:
All rugs, pictures, silverware,
home furnishings and personal
home effects should go to Mr.. Hag-
ner, her husband at the time the
Will was executed. It also pro-
vlded a bequest of $4,000 for him,
and that all the remainder of the
estate was to go to their two chill
dren, Margaret Allison and Alex
andra Carolina Hagner, to be held
in trust for them. Mr.. Hagner and
George Cutting were named trustees
and executors, and were authorized
to act as trustees for the estates of
the children.
Estate in Trust for Children.
The codicil completely revokes the
$4,000 bequest to Mr.. Hagner and
the provision giving him the home
furnishings, ETC., and revokes his
appointment as co-trustee. The en-
tire estate, the codicil provides, is
left in trust for the children, and
the trustees named are Cutting and
Mr.. Roebling.
The codicil also provides that If
the last of the surviving children
shall die without issue, the principal
amount then held by the trustee
shall then 60 to Mrs. Walters
mother, Mrs. Blanche Roebling
O'Brien Of Seattle, Wash.
1t also is provided in the codicil
that custody of the children shall
remain with the father, Alexander
Hagner, but that Mrs. OBrien shall
act as testamentary guardian. The
petition sets forth that relatives are
the two children, the mother, Mrs. /
OBrien, and her husband, Paul A. F..
Walters.
The petition specifically asks that |
a guardian ad litem be named to
represent the two children in the
probate proceedings.
Mr.. Walters obtained special let
tiers of administration in his wifes
estate a few days after her DEATH
posting surety bond of $3.50 900. On /
August IL he petitioned the court
to be appointed administrator of !
the estate, his attorneys, Lloyd
V. Smith and Lester D. Summerfield,
contending that, under Nevada laws,
Mr.. Walters was entitled to one
third OF the estate and that her
marriage to Mr.. Walters revoked
automatically not only the will, but
the codicil. Mr.. Walters petition al
legged that Mrs. Walters had at
tempted to make another will in
June of this year, after their mar
riage, thus intending to revoke the