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LER Will CASE CIRCUIT COURTlot' real estate, to his eight daugh-l tors and all children ' to share [equally in the personal property.! | If the widow, Svho was named j executor, was incapacitated or unable to serve, the son, Grover,'WITNESSES TESTIFY OR GROVER HOLLERINTERESTS.was to be trustee. In case any!ISIONS OF THE WILLHoller Received Greater are of Estate Under Terms of The AllegedWill.ith more than a score of wit-present to testify in the Eli Holler will case was this morning beforeWaggoner in circuit court.Holler, who seeks to es-sh that his father left a will, ipr,seated by Attorney Geo. rich of Bushnell, and Sco-k Califf of Carthage. At-l V Lawyer Hainline are isd for the other heirs. hi opening statement to the i Attorney Helfrich stated Mr. Holler was sick for ( a year with an illness of a sic;,I nature and became tieully helpless for many ;s liefore his death and unto get about. This, the At-cy Mated, would show the im-il.ility of his having destroy-i, will. Alleged declarations Mr. Heller to neighbors and n.ls also are to be introduced; tin- attorney said Mr. Holler e of his will on several occa-lt; in which he told of the wHl ir in a closet in his home.nicy Helfrich stated that leiuv would'show that-*, few s pievious to Mr’ Holler’s ih he called his son, Grover !lt;•!•. and told him to get the after his death and take ;ier legal action. It is further •.■•••I that (trover Holler went v father’s late home a few v later and told his sisters hisheir contested the will that heir would receive the sum of $5.00. j His interest in the David Holler | property was given to the child- j ren of David Holler providing I they did not contest the will. The [ [widow also was given the incomer from $1,7.00 in liberty bonds dur-' ihg her lifetime and these bonds ( were to be given equally to thej children at her death. The wit-|] nesses were W. 0. Baer, Conwelll Fleming and H. V. Maxwell. Mr. , Maxwell stated Mr. Holler’s mindj was sound when he made the will.] The will was sealed but witness did not know where it was pfec-J ed.On March 8, 1920, a codicil was: added to the will, Mr. Fleming! and Mr. Maxwell being witnesses, j The codicil affirmed the will of [ May 6, 1919. and gave to son, | Grover, all farm implements, bar- j ness, etc. Also a tenant house, j erected at Grover Holler’s ownj expense should he left on the! property if the son would payi rent for the ground occupied and could remove it at. any time.On cross examination Mr. Maxwell said he has not seen the will or codicil since. The instruments were left near Mr. Holler’s bed.Conwell Fleming.Oomvell Fleming, the next witness, stated he has lived in Bar-dolpli.7 years, and he is a brother-in-law of the late .Eli Holler! He was .a witness at the drawing of the will in May. 1919. The witness declared he believed Mr. Holler Avas of sound mind. His recollection of the provisions of (lie will paralleled those’ of Mr. Maxwell/On cross examination Mr. Fleming said T«rh«id no' persona* inter* j.' est in the case and had never expressed a hope that Grover Holler woulij win the case.U. G. Smith.G. Smith testified he had been in the hanking business in Bavdolph for 18 years. He prepared a codicil to Mr. Holler’s I■ I They are alleged to have J wj|| an(j |j,P witness and C. D, ■■I In permit him to open thewhieh the will was sup I n. he.The Defense, i..imy .1. ('. Lawyer made ipeiiiug statement for the who are opposing the pro-! ••I the alleged will. Mr. Hoi-1 surviving him his widow ] • ■.'In (laughters and one sou. i was submitted showing! 'iii of the Holler house!1 • ilroom in which he wasl Mr. Lawyer contradict-! of Mr. Helfrich I-•’■•Ir. Holler was absolutely, •. Mr. Lawyer declared ! Mr. Holler got out of bed . I times daily. It was also that Mr. Holler became dis-1 * with the form of will ] ‘hewn ami expressed ap-i. 1 t a statutory distribu-! *(Continued on Pugc 4.)Mir91'J willmein'■* “ - state. It was con '■' Huh timing Mr. Holler.’*., loess lie was physically able J •‘''i:-'.y tlj,. will and also had!11 intent in his mind. L Harry V. Maxwell. 11! r V. Maxwell testified to ' f known Mr. Holler for ] ' He said he hadi. v ill in 1908 and anoth- j ] 1919. The witnesses:] ' will were Dr. lien- 1 , 1 himself. Mr. Max-j''••alleil the contents of the providing for dis-;| I property as follows :j 1,1 'L l»ts; to wife $500; .... goods without ap-'also use of town ''ring her life and I, 'bspose of certain parts i j '''•prrty. wjiat was left at , 1,1 V equally to fthil-]; h. widow life interest!, rs I home place to be[j Grover Holler; ut!v ''is SO to Grover Hol-i ,111’ then to his '. upon his payment of t \. 'Hi was to go to the sis-!, another 80 given to'i ;V»'ing his life and ', lls umldrcn; remainderildi
Newspaper Details
Macomb Daily By Stander
Macomb, Illinois, US
Wed, Feb 02, 1921
Page 1
Full Page
Clipped by
Jamie A.
AL, USA 19 May 2025
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