The Atlanta Journal,
Tuesday, 18th November 1913,
PAGE 2, COLUMN 4.
Daughters of
Mrs. Emma
Lee Go to Court to Settle
Dispute
A bitter fight between three sisters
over $50,000 estate left by their mother. Mrs. Emma G. Lee, commenced before
Judge George L. Bell in superior court Tuesday morning.
The youngest of the sisters, Mrs. Annie
La Rue Lee Mizell, 139 East North avenue, has filed a caveat to the will
probated early this year by her older sisters, Mrs. Maude Lee Thompson, 332
Houston street, and Mrs. Claude Lee Stamps, 318 Washington street.
The will to which exception has been
taken divides the estate, which consists principally of realty near Covington,
where the Lee family was prominent many years, equally between the three
sisters.
Mrs. Mizell, however, asserts it was
her mothers intention to leave her the entire estate. The will of her father,
the late Lindon Lee, of Covington, provided amply for the older sisters, she
asserts, and her mother intended to make her sol heir. Mrs. Mizell has in her
possession a will dated about five years ago in which she is named as sole
heir. This will is said to have been invalidated by one alleged to have been
signed by Mrs. Lee a few weeks before her death in the spring of this year.
DECLARES WILL INVALID.
Mrs. Mizell charges the will produced
by her sisters is not in reality the will of her mother; that if she did sign
it she did not realize what sort of a paper was being handed her by her older
daughters, and did not realize that she was disposing of her property.
The trial of the case will probably
last several days, but evidence in the form of the deposition of Dr. N. Z.
Anderson, the Lees family physician, has already been introduced by attorneys
for Mrs. Mizell, Judge John S. Candler, Asa W. Candler and George Westmoreland,
to substantiate this claim. Dr. Anderson states in the deposition that on the
afternoon the paper purported to be the will was signed Mrs. Lee also signed a
check, and that she had to be supported in her bed, so weak was she when both
papers were signed.
The propounders of the will are
represented by Attorneys Luther Z. Rosser and Stiles Hopkins.
A demur to the caveat was argued when
the case was first put on trial and a unique feature of the argument was that
in supporting his contentions Attorney Rosser quoted from a decision written by
the opposing counsel, Judge Candler, when he was on the supreme court bench.
PAGE 3, COLUMN 2
SUPREME COURT OF GA.
Atlanta, Ga., Nov. 18.
JUDGEMENTS.
Sonhern Railway Company vs. Williams et
al;: from Fulton superior courtJudge Pendleton. Affirmed. McDaniel &
Black, for plaintiff in error. Moore & Pomeroy, Colquitt & Conyers,
contra.
Railroad Commission of Georgia at al. vs.
Louisville and Nashville Railroad company; from FultonJudge Ellis. Reversed,
James K. Hines, Walter McElreath, Mayson & Johnson, for plaintiffs in
error, Tye. Peeples & Jordan, McDaniel & Black, contra.
Pulliam vs. Donaldson; from
FultonJudge Zills. Affirmed. Calhoun & Connally, for plaintiff in error.
Rosser & Brandon, contra.
Scott, trustee, et al. vs. Lansford et
al.; from NewtonJudge Roan. Affirmed, with direction. J. S. James, Phil W.
Davis, Jr., for plaintiffs in error. R. W. Milner, C. C. King, contra.
Cassidy vs. Howard et al., and Byrd et
al. vs. Howard et al.; from BibbJudge Matthews. Affirmed in part; reversed in
part. John R. Cooper, Sam B. Hunter, Hall & Roberts, for plaintiffs in
error. R. D. Reagin, contra.
Hindman vs. Raper; from Floyd.
Rehearing denied.
ARGUED AND SUBMITTED.
J. W. Bailey vs. C. N. Anderson; and
vice versa; from Miller.
S. S. Timmons vs. W. E. Bostwick; from
Early.
L. J. Strickland vs. Babcock Brothers
Lumber company; from Miller.
B. H. Hill vs. J. A. Horsley; from
Terrell.
Georgia, Florida & Alabama company
vs. Bittick & Mays; from Miller.
Georgia, Florida & Alabama railway
company vs. T. J. Nichols; from Randolph.
H. F. Hamil, administrator, vs. W. H.
Flowers; from Early.
Connie Powell et. Al. vs. D. W. James;
from Early.
Bittick & Mays vs. Georgia, Florida
& Alabama Railway company; from Miller.
W. J. Cowart vs. E. J. Ingram; from
Early.
W. T. Talor et al. vs. W. J. West,
executive for; from Clay.
W. H. Trippe et al., trustees, vs. E.
A. Evans, clerk, et al.; from Early.
J. W. Bailey, vs. H. C. Powell; from
Miller.
A. W. Parker vs. Planters Bank of
Americus; from Sumter.
Back of Stewart County vs. S. B.
Mardre, administratrix, et al.; from Stewart.
Mrs. M. A. Hayslip vs. Mrs. A. J.
Fields, administratrix; from Lee.
W. T. Cook vs. A.
V. Callaway et al.; from Lee.