Rensselaer Republican, Volume 19, Number 51, Rensselaer, Jasper County, 25 August 1887 — THE DEPAUW CASE. [ARTICLE]

THE DEPAUW CASE.

Probable Results if tike Eate Million, aire'a Will is Annulled. The suit to set aside the will of Washington C. Depauw, the late Indiana millionaire, filed in New Albany last week by the attorneys of Sarah E. McIntosh, is the gossip of the day. If successful it means the cutting off of more than $1,000,000 of charitable bequests and the division of the entire estate, amounting to near $10,000,000, between Mr. Depauw’s legal heirs. This gives to Mrs. Fannie M. DePauw one-third of the residue o f the estate after all debts and obligations are paid, and to each of the four children, Sarah E. Mclntosh, Newland T. DePauw, Charles W. Depanw, and Florence L. Depauw, one-fourth of the remainder after Mrs: Depauw has her part, which is the same as one sixth of the estate after the debts are paid, and is the part demanded by Mrs. Mclntosh in her suit. Mrs. Fannie M.' DePauw, upon the breaking of the will, would receive 13,000,000, and each of - the children $1,500,000 each. A large number of small devisees, relatives and friends of Mr. DePauw and his wife and favored children, would receive nothing. Also the DePauw College in New Albany, given under the will $250,000, the DePauw Home, given an equal amount, the Young Mens’ Christian Association fund for superanuated ministers, and a number of other religious and charitable institutions would be shut out from recovering a Cent. DePauw University, which, under the will, receives 40 per cent, of the money from the sale of ail the property under the terms of the will ten years hence, would under the law get only the amount called for by its contract of 1883. This would make a difference to the school of at least $1,000,000. The breaking of the will means also, what is more important to the people of New that the estate will be taken from the hands of the executors, viz.: Mr. DePauw’s wife and two sons, Peter R. Stoy, of New Albany, and John W. Ray. of Indianapolis, and put in the hands of administrators appointed by the Court. The administrators would, of course, be selected in accordance with the wishes of the heirs, but they would not be bound, as are the executors, to continue the operation of the factories, and the management of the great interests in their care for ten years tinder practically the same conditions as Mr, DePauw left them. The administrators

would, it is believed, either make a failure of the management of the estate and be compelled to sell out, or would,under orders from the Court, sell out the property and divide it beforehand. In either case the great factories at New Albany would be interfered with in their operations, probably shut down for a long time, and might possibly pass into new and inexperienced hands and prove failures. Any of these events would throw large numbers of workingmen out of employment for a time greater or less, and the prospect is looked at by many almost as a public calamity. Mrs. Mclntosh is left by the will property estimated as worth SIOO,OOO to $200,000. It consists in an annuity of $3,000 a year anl several farms and other real estate near Salem, Ind. Certain mill property mentioned in the will as to be given to her has been sold since the will was made, March 26, 1885, and sheiscutout ofthatmuch. Also,the property she gets is only as a life interest, and after her death is left to her children. If she can have the will set aside, she will get about $1,500,000, unconditionally, to do with as she pleases. The stated ground for the suit is the formal ground under the Indiana law, ‘'Unduly executed.” Mr. IL E. Jewett, of the counsel for Mrs. Mclntosh, said that [this meant undue influence had been used to cut out Mrs; Mclntosh from an equal share with the other children. —Gossip in New Albany has it that the undue influnce was exerted by thepresi ent Mrs. Depiuw. This is the third ! wife. Her marriage with Mr.DePauw ■ was on January 8, 1867. At that time | Ella DePauw, as Mrs. Mclntosh was [then known, was about 16. She was : born at the old homestead ai Salem,lnd., the same left her in the will, and had grown up there. There her playmate in childhood andcompanion as she grew to girlhood was Andrew J. Mclntosh, the son of an old friend of her mother, Mr. DePauw’s first wife, a Miss Malott. Miss Malott had been married to Mr. DePauw when he was a poor young man in Washington county, and helped him faithfully through afChis early struggles. Now that Mr. Depauw had become wealthy he moved to New Albany. The Salem school girl had not forgotten her sweatheart.

The bringing in of a third wife, nee Miss Fannie Leydon, a beautiful young woman of a family of young girls near New Albany, added to the slightest estrangement that had sprung up between fath< r and' daughter on account of young Mclntosh. Mr. DePauw had no objections, it is said, except that Mclntosh was poor. He was then about 22 years old, and a" conductor on the Louisville, New Albany & Chicago Railroad. >... 1 *Mr. DePauw’s objections, however, could not be overcome, and when Ella was married to Andrew Mclntosh on November 27,1868, it is said,Mr. DePauw was not present. The marriage, however, was in the old Centenary Church on Spring streek, near Third, which has

received many benefactions from Mr. DePauw, and the ceremony was performed by the ’ Rev. James Hill. Miss DePauw was then about-17 years old, and a beautiful girl, She had much of the likeness of her father, which has increased as she has grown oldek After the marriage Mr. DePauw put aside his feelings and sat Mr. Mclntosh up in business at Salem. Mclntosh seemed to prosper fairly. Ten years after his marriage he got ■to politics and was elected Sheriff of Washington county. He seems to have lost money by his political ventures, and a year or two after his term as sheriff expired was, financially, in a failing condition. He made an assignment four years ago. r It was with this that Mr. DePauw, it is said, became disgusted. He had made a will in 1881 giving Mrs. Mclntosh a fair share in his estate, but in 1885, after the death of a favorite daughter by his present wife, he had to revise this will, and on account of Mclntosh’s failure cut off the latter’s wife with a comparatively small share.-;