Salt Lake Tribune | 1902-09-14 | Page 1 | After Colbert Estate

AFTER COLBERT ESTATE I Sensational Affidavits Piled in Butte Court in Support of Motion for n Ncw Trial TRIBUNE SPECIAL Butte l ont Sept Sensational affidavits af-fidavits were filed In the District court I In support of a motion for a new trial I for the Schcuer Fluke side of the Colbert Col-bert will case When a few weeks after the death of Charles Colbert an alleged will was offered for probate by the lermH of which An estate valued at SIGOMJO was divided equally between W I Llppincott and John l 9 2n Woolbcaler It was chargecTfhaf t t the will was a forgery for-gery and Frederick W Scheuer and Mrs Lillian Fluke set up the claim that Colbert had made a will back In 1S9G by which they were made the sole legatees of the old placer mines They claimed that the will was In existence ex-istence at the time of Colbert death and that It had not been revoked At the trial of the contests the court ruled that the ScheucrFluke contest had no standing In court because they failed to prove that their will existed at the line of the old mans death The Jury also decided that the LippIn cot 1oolbeatcr will was n forgery and that the cntato should go to the State of Montana as there were no other heirs The ScheuerFluko people now want another trial and claim to have discovered new ant Important evidence Mr Scheuer and Mrs Fluke made affidavits that one John Kempfer who was well acquainted with both Colbert and Woolbcatcr will testify that ho frequently saw the will during the lifetime time of Colbert and that the latter discussed It with him After Colberts death Kernpfcr asked Woolbeater about the will and Woolbeater took It out of his pocket and showed It to the witness wit-ness The latter read It anil HaW It wan the same will that Colbert had previously shown him They will endeavor en-deavor to secure possession of the fortune for-tune by proving that they were the heirs under the provisions or the will alleged to have been destroyed by Wool beater