Tuesday, 18th November 1913: Legal Fight Is Waged Over Mothers Will, The Atlanta Journal

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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.