Rensselaer Semi-Weekly Republican, Volume 20, Number 85, Rensselaer, Jasper County, 30 June 1899 — SUIT TO BREAK A WILL FAILS. [ARTICLE]

SUIT TO BREAK A WILL FAILS.

Divorce of Former Wife of Defendant Held to Be Void. The will case of Oliver A. Hewlett vs. Mary E. Hubbard, in the Laporte Circuit Court, has been brought to a sudden ending by a decision of Judge Richter. Hewlett was married several years ago in Stark County. He left there and went to reside in Berrien County, Michigan. Mrs. Hewlett applied for a divorce, causing notice to be served on Hewlett by personal service of the sheriff of Berrien County, Michigan. The sheriff served the summons and made his return to the Stark County, Indiana, court, upon receipt of which the divorce was granted. Hewlett, who was 40 years of age, then married Mrs. Haine, a wealthy widow of New Carlisle, this State. She died, willing her property to relatives. Hewlett then brought suit against the administrator of the estate, Mrs. Mary E. Hubbard. Ex-Congressman Benjamin F. Shively raised the point that the divorce granted by the Stark County Circuit Court to Mrs. Hewlett was null and void for the reason that notification of the application for divorce had not been published in a weekly paper in Stark County, as provided by law, when the defendant resides in another State. Judge Ri’chter held that the point was well taken and the big will case collapsed.