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May 20 , 904 TI-IE FALLS CITY TRIBUNE
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The' T S11US of the
' - : ' , Miles Will Case
l
As inquiry is constantly being
: , made about this now celebrated
i"
- case , we have taken the trouble
of looking it 'up and find that the
present status of the controversy
is as follows :
Joseph H. Miles produced a
will made by his father in No-
, " .
vembcr 1888 , to w1lich was attached -
tached a codicil executed three
, or four months afterward This
\
codicil changed the bequest to
.Sam A. Milcs : , another son , from
money to a life interest in certain
lands , but made no other altera-
tion. 'l'hat will was made in a
bank at Rub , in which Joseph
wets an 111ploye , and appears to
.
.
, .
, . have been left there. After the
, ' ; , : ' , . , death of S. B. r..1iles . , search was
made for his will in various
I
\ ' . places , but none was found till
, J Joseph returned from the east
I , \vliere he and his brother Sam
J \ ' . ' : , had been on that errand. On arriving -
riving in this city , Joseph went
directly to the hotel where his '
father died , procured a key to the
. room in which he died from land
j
- / lord Frank i : Manin and went in
alone closing the door after him
\Then he came out , thc key : was
returned to the landlord witho lt
remark and Joseph went directly
-c ; . . . . .
. i. ; 1 lome. - -
. 0'
In the afternoon of the same
"I day , Joseph delivered a paper
purporting to be the will of his
father , to the county judge , with
a request that it be filed for pro-
. bate. He then gave out the fact
- that he haul on that day , foundd
the will in an old unlocked satch-
I ' . el in the room in which his father
. expired. Later on , the will was
I admitted to probate and Joseph ,
Jl as executor , entered upon the administration -
, . ministration of the estate. This
ff I will } ] gave him most of the estate
. J . and there was much dissatisfac-
' 1 i I I , tion among the other heirs , as
, . the testator had told many people
i
' themselves included , that he had
made a later will which would do
justice by all. In fact Joseph
was informed in S1. Louis within
, _ a week after his father deid , that
he had made a will in that city
within a year and a half of his
demise , and that it had been wit-
nessed by the manager and the
clerk of the hotel where he was
,
stopping the time , and where
he had been in the habit of passing -
.
: : . ing the winter for a great number -
.
bel' of years. ' 1 ' liis information ,
t' . . Joseph is charged by the disinherited -
" herited family , with suppressing ,
' Sand is the foundation of the long
i and bitter litigation that has fol-
, lowed.
" \Vhen it was known that it
1
, . could bc proven that a later will
had ' been made , a suit was insti-
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I
; r 1"
J ,
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tuted in the county court to an-
nul the probate of the one Joseph
said he found in the old satchel.
The case was heard and decided
against the contesting heirs. An
appeal was taken to the district
court wher a like result followed -
ed , and from thence an appeal
was prosecuted to the snpreme
court. Judge John rPhompson :
of Grand Island ( one of the dis-
trict judges of the state ) had
been called in to try the case , and
decided the case against the con-
testing heirs on the ground that
the'testimony did not satisfy him
that a later will had been made.
But the supreme court , while it
affirmed the judgment of Judge
Thompson , did not do it for that
reason , but because the evidence
did not sufficent1y prove that the
will made at St. Louis contained
a clause expressly revoking all
previous wills , and as that will
, could not be produced , or its con-
tents proven , it was impossible to
tell whether it revoked the Rube
will by reason of a different disposition -
position of the estate or , as the
lawyers say , by implication. The
supreme court said ' this :
" \Vithout going into details ,
we may say the evidence produces
a strong conviction that a will of
some sort was made at St. Louis. "
vVhile the case was pending in
the supreme court , the contes-
tants , by a strange combination
of circumstances , discovered the
person who wrote the St Louis
win for the elder Nliles , and at
once filed a petition for a new
trial in the dish iet court. This
proceeding is provided for in the
code of that state. The hearing
on the petition for a new triill
was commenced before Judge
Thompson of Lincoln in January ;
1902 , and might have been con-
cluded in a month , but by hooker
or crook it was delayed for nearly
two years and finally decided
against the contestants. Judge
hompson , however , changed
his mind in one very important
particular : "I am forced to
find that a later will was made at
St. Louis " but proposed to disbe-
lieve the witnesses when he said
the St. Louis will contained a
clause expressly revoking all previous -
vions wills made by testator
.M iles.
From the decision denying a
new trial the contestants again
appealed to the supreme court ,
and for the first time the whole
of the case is before that court ,
and when decided will practically
end this acrimonious legal battle.
The appeal was lodged in the
upper court last January , and on
motion of contestants was ad-
.
.
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Reavis i. C Abbey ,
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t t
I A Quiet Flirtation " _
%
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. . r .
OB..JEC'"f = = Innocent Amusement
RESULT = = Sometimes matrimony . and
then comes furniture and this is
where we get interested.
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"It is the way
I of the wise" to buy
I the best goods for
: I the leHst l11oney.
i We have the
I
only cOlllplete line
of furniture and
floor coverings
ever carried in the
county.
Straw matting
I 12 to 60c ; all wool
Ingrain carpet 50
I. 50.
. . .
to 75 cts sewed ; J
Linoleum , 6 , 7 Yol
and 12 feet wide
50 to 65 cts , laid.
Some of our dea
signs will certainly " "
Iy interest you
and the quality
and prices are
right.
' ' '
a t
fie
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9 avis&Abbey .
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vanced 011 the docket and set for
hearing on the 19th' of April.
Before that date wa reached
Joseph 1\Hlcs moved to dismiss
the appeal. 'l"hat was heard and
overruled and leave g-iven.him to
file briefs by June L and contes-
tants to file reply briefs ten days
later. 'Ve arc now informed that
Joseph 1'1iles has filed another
motion in the case , and for time
to abstract the testimony and1 file
briefs. The court , however , will
hardly permit further delay.
Missouri Pacific Railway
Time Table , Falls City , Neb.
NOR'fII
No. 51 Omaha and Lincoln -
Ixpress . . . . . . . . . . . . . . . . A 2:2S : a In
No. Omaha and Liiicoln8:35 : a 111
o. 57 Omaha and Lincoln
passenger . . . . . . . . . . . . . . A 2:48 : p m
No. 233 Local 1 ' reiglit , u-
hurn . . . . . . . . . . . . . . . . . . . . A 1:10 : p inn
SOUTH
No. 52 Kansas City and St
Louis and Denvcr . . . . . . . A 3:47 : a 111
No. 58 Kansas City and St.
Louis and Denvcr . . . . . . A 2:48 : p 111
No.50 Worlds 1 ! + air special. _ 8:45 : p m
No 232 Local , tchi son. . . 10:30 : a 111
No. 220 tock Freight , Ili-
awatha . . . . . . . . . . . . . . . . . . A 9:52 : p 111
. Daily. B. Daily except Sunday.
" J. n. VAR N lW , gent. .
, ' . . . .
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Cured His Mother of R.heumattsm.
"My mother has been a sufferer
for many years with rheum a tiStl1 , I
says \V. H. I-Ioward of IIusband ,
Pat I presented her with a bot-
tle of Chamberlains Pain Balm
and after a few applications she
decided it was the most wonderful -
ful paid ' reliever she had ever
tried , in fact she i's never with-
9ut it now and is at all times
able to walk. An occasional application -
plication of Pain Balm keeps
away the pain that she was for-
merly troubled with " For sale
by A. G. \Vanner.
Memorial Services.
.rhe annual memorial - services
will be held at the Brethren
church on Sunday 1'lay ' 29 , and
the sermon will be preached by
Rev. Haskins. An appropriate
program is being arranged for
Memorial Day , 1'Iay'30. '
Ice Cream.
\Ve believe that the people de-
mand a. better grade of machine
made ice cream and a wider va-
rietyof kinds and n vor. \Ve have
equipped our establishment to
meet this demand.-D.\V. Sowles.