Evening Republican, Volume 20, Number 83, Rensselaer, Jasper County, 6 April 1916 — ANOTHER SUIT TO CONTEST GIFFORD WILL [ARTICLE]

ANOTHER SUIT TO CONTEST GIFFORD WILL

Lafayette Loan & Trust Company Has Filed Complaint to Set Aside B. J. Gifford’s Last Will. The Lafayette Loan & Trust Co., of Lafayette, has filed its complaint to set aside the will of Benjamin J. Gifford. The complaint alleges that decedent was incompetent to make a will and that in the year 1908 decedent, while in possession of all his mental powers and fully competent to make a will, did make and execute a certain will wherein the said Lafayette Loan & Trust Co., was named as executor. The will of 1908 is set out as an exhibit to the complaint and contains 27 items and on account of the length of same has been omitted from this article. But in its terms it is very much like the present will under which the estate is being settled. There are items bequeathing certain sums to C. E. Kersey, F. E. Lewis, C. J. Hobbs, Freeman Gifford, Harry Gifford, but unlike former will, there was no bequest to Regina Burris Kupke. Neither is there any bequest in either will to William H. Wells, who has filed his action also to set aside the will, claiming to be a son of the decedent. The will of 1908 also directs the executor to sell all of the real estate and after the payment of specific bequests, to distribute the balance or residue thereof as follows: one-half to his wife and one-half to his sister, Henrietta, and her grandson, Robert Irwin. The present will gave the residue to Geo. H. Gifford, who is acting as executor. The will of 1908 further provided that if for any reason the said Lafayette Loan & Trust Co., should not be competent to act as such executors, then H. M. Stone, of Kankakee, 111., should act, and in event he should not qualify, then Carl J. Griswold and Harry E. Gifford should be appointed. This will was executed May 9, 1908, at Kankakee, Ill.,'and witnessed by Charles E. Swannell and Louis P. Lecourd, both of Kankakee.

If W. H. Wells or the Lafayette Loan & Trust Co. should be successful in setting the will aside, neither Mr. Wells or Regina Burris could profit thereby, as the former will made no provision for either and in 1908 there was no question of Mr. Gifford’s competency to make a will. But in the event said last will should be set aside, then the Lafayette Loan & Trust Co. would act as executor under the will of 1908, and Walter Bill, who is president of said Trust company, would receive SI,OOO be queathed to him by the will of 1908. What the result of these actions will be remains to be seen, but they are not generally taken very seriously by those best informed and able to judge. The suit of Regina Burris Kupke was settled out of court some time ago, it is understood, for $3,500. Kumler & Gaylord, of Lafayette, are attorneys for the trust company.