Show Petition Paves Way For Settlement of Newell Will Case L. L A. A Judge Grants Action Brought by Mother of Purported Grandson Paving the way for a settlement of the famous Henry Newell will case out of court a Los Angeles probate judge Monday granted a petition asking ask ask- ing ng permission to dismiss the contest against the will in Salt SaIl Lake The petition was filed in the Los Angeles court by Mrs Angie Rich Newel Barnes mother and guardian of William WilHam H. H Newell Jr purported grandson of oc the late Henry Newell Newel Salt Lake min mining ng man and contestant of the will wH and was granted by Judge Judg Charles S. S Crail of ot the probate cour court of f Los Angeles county according to a special dispatch to The Telegram As a result of the court action trustees trus trus- tees of Leland Stanford university beneficiaries of or approximately half halt half haltof of f the half million dollar estate and principal defendants defendants' in the contest brought rought by the purported grandson were free to continue negotiations for or the thc settlement CASH ACCORD REACHED The Thc terms of the compromise settlement set set- according to the petition med filed in in inthe the Los Angeles cou court rt provide pro vide ide that cash and securities valued at t be turned over to William H. H i. i Newell Jr The settlement brings to o a close a year three legal battle to o establish the asserted grandsons grandson's claim aim to a share of the estate The settlement the petition set sel forth consists of ot in cash eash 50 shares lares of or 6 per cent preferred Salt Sail Lake Hardware company stock val val- ed at 69 shares of 6 G per cent preferred stock of the Halloran Judge Trust rust company compan valued at 50 shares of common stock of the Hallo Hallo- ran Judge Trust company valued at and a three-page three list of mired mired- laneous stocks of no appraised value Judge Crail also ordered Mrs Barnes to post a bond as guardian Paul H. H Ra Ray a member of the law firm of Bagley Judd Ra Ray attorneys s 's for the trustees of Leland Stanford university said the action was taken with wilh the idea that a settlement might be effected if the petition also is approved ap proved by the executor of the will the beneficiaries and the probate court of Salt Lake county TO RELEASE FUNDS Negotiations to bring about the settlement set set- in the will vill contest which has been a sensation in Utah courts since it LI was filed in April 1929 1029 were started start start- cd ed d Mr 11 Ray said raid to make funds im inv mediately available for needy Utah students attending Stanford sity ity Under the terms of the will the trustees of the university were named beneficiaries of of the thc estate which in 1929 was valued at approximately The bequest beque t was made nade with the stipulation that the money was to be used for the of scholarships for Utah students stu dents lents attending the institution I If the case had gone to another trIal rial and appeal Mr Ray said there theres is s 5 no flO reasonable probability of ot there thero beine eing funds available for lor scholarships his this coming school year If It the lations work out the trustees of Stanford Stanord Stan Stan- ford ord university will get their bequests bequests' and md while the assets have shrunk here there will still be considerable funds for Cor or scholarships Objections to the distribution of the Newell estate revolved around the that William II n Newell Jr was vas a son of William Villiam H. H Newell Sr whom hom the plaintiffs contended was the he illegitimate son of the mining minine man nan The petition filed in Third district ourt court on April 4 1929 1029 set forth that because of or such purported relationship relation ship hip William Newell Jr was entitled Lo to 0 a share of ot the estate The trial which opened before Judge David W. W Moffat on October II 21 1 1929 was a h heated legal battle which lasted for eight days after which a jury awarded William Newell Jr r. r half hal of ot the estate The jury agreed that hat the grandson randson was a legal heir and Continued on Page Pue Eleven n GRANT ORANT PETITION IN NEWELL CASE Continued From Page Pasc Seven r rhad had been overlooked in the will wi The jurors agreed that William H. H Newell Newel Sr father of the petitioner I Iwa was wa the illegitimate son of Henry Newell Newel afterward recognized as a legitimate child but disagreed in the verdict that William H. H Newell Newel Jr was unintentionally omitted from the wiL wiLI wilL I The case was Immediately appealed i to the supreme court and after resting there until August 1931 the supreme court reversed the verdict of the dis dis- co court t on the ground gound that tat the trial court erred ered in overruling the defendants defendants defendants' defendants defendants' defend defend- ants' ants motion for a n directed verdict I In substance the supreme court held that a 10 bequest made to the father of the plaintiff destroyed the II assumption that William Newell Newel Jr was omitted from the will ill wi and ad that the plaintiff failed to produce testimony sufficient to prove unintentional omission As a result resul the court ordered a new trial of the case in district court court GUARDIAN ACTS When Henry Newell's Newels Newel's will wi was probated pro iro- bated no mention menton was made of William Wi Wil Wil- liam lam H. H l Newell Newel Jr who has been adjudged adjudged ad ad- judged an incompetent by California courts court The Te contest in his behalf behal was started by Frank B. B Cook guardian ad litem and the law firm of ot Gustin Pence acted as chief chic counsel The trustees of Leland Lelnd Stanford Stalford university were represented by Bagley Bag Bag- ley icy Judd Ray with Ingebretsen Ray Ry Rawl Rawlins ins representing the es es- es tate tte Henry Newell Newel who died ded June Jue 1 1928 was a prominent local mining man who came to Utah Uth in pioneer days days Aside from rom a bequest to Harry Harr N N. Newell Newel a son of ot William H H. l Newell Newel Sr who was w given several minor bequests be be- quests the bulk bul of the estate was left lef to t Stanford university William H. H Newell Newel Jr Is a son of Mrs Angie Rich Newell Newel Barnes his appointed guardian She formerly was Angie Rich of Coalville |