CONTEST PROBATE OF BRUNDY WILL

Homer O. Potts and Ida Welch
Oppose Appointment of Allen as Executor.

The Brundy estate, which has been before the courts at different times in the last few years, is again to come into prominence.

Several years ago when Henry Brundy died he left a valuable estate which consisted of money, bonds and mining property.

Former Lieut. Gov. W. R. Allen was appointed administrator and after a few years he was removed from the position by order of the district court on the ground that he had failed to make reports as required by law and was not residing within the state.

Last September Mrs. Brundy died and recently Mr. Allen filed a petition asking for the probate of the will and his appointment as executor in accordance with the request of Mrs. Brundy.  The hearing on the petition is set for Saturday morning before Judge Lynch.

Attorney Earl N. Genzberger and George F. Shelton filed a petition today with the clerk of the district court in behalf of Homer O. Potts and Ida M. Welch protesting against the probate of the will of Mrs. Brundy and the appointment of Mr. Allen as executor.

MENTAL INCOMPETENCEY  IS CHARGED.

It is claimed that Mrs. Bundy was not competent to make a will on the ground that she had reached the age of 87 years and was suffering from illness and weakness of mind and body.  It is also claimed that  the will was not executed in accordance with the laws of the state.  It is alleged in the petition that the will “if executed at all was procured  to be executed by the undue influence of and fraud of W. R. Allen, John G. Brown and P. B. Goodwin, the latter being an employee, secretary to Allen, and a confidential friend.”

It is also charged that Goodwin, acting on behalf of Allen “falsely represented to Mrs. Bundy that her relatives were attempting to have her placed in an asylum for the insane and that said charge was made by Goodwin for the purpose of poisoning her mind.”

It is claimed that Mrs. Brundy afterwards made a new will cutting off her relatives and leaving the bulk of the estate to W. R. Allen and P. B. Goodwin.  On the grounds set forth the court is asking to deny the petition for the probate of the will.

There  is also, filed with the clerk of the district court a petition from Frances E. Welch, a sister of the deceased, and Homer O. Potts, asking for the appointment of N. W. Simons as special administrator of the estate.

SHRINKING OF ESTATE ALLEGED.

It is alleged in the petition, that Allen, as administrator of the Henry Brundy estate and agent of Mrs. Brundy, received $150,000 in money and property and that he now claims in his petition for the probate that the estate is worth about $25,000.

The attention of the court is called to the fact that Allen was removed as the administrator of the Brundy estate and that he is now outside of the state and practically a non-resident.

Frances Welch calls attention to the fact that she is given only an income for life from the residue of the estate after payment of expenses and specific legacies, amounting to $31,500.

In the petition Mrs. Welch says “that if the estate is only worth $25,000 as alleged by Allen she would not receive anything.”

Mrs. Welch asks the court to cause an investigation to be made for the purpose of ascertaining how an estate said to be worth $150,000 should shrink down to $25,000 between the time of distribution of the estate of Henry Brundy and the death of Mrs. Brundy.