Show SUIT SUII FOR ESTATE OF UTAH MAN LONC DEAD CHICAGO lee Dec 10 Fight Fight for for a a. share hare hareIn in an estate estal which is ts valued at at more than tIJan left heft by bO tho the late James JamesSmith JamesSmith JamesSmith Smith of or Utah who was as an uncle of James Silent Smith Is being made be before before be- be fore foro Judge Oscar F F. Heard In tho the cIrcuit cIr clr court b by Mrs Agnes M. M Melody o of oC Detroit Mich Nich She was th the adopted d daughter u of at Wll Wil- Hani hian Burnle Burnie Smith who was as tho the son o otho ot of the tho elder fOlder Smith Judge Heard has been called upon to decide whether Mrs lr Melody elod was oas th the lawful IRful heir of or William Wl Burnle Burnie Smith Th The Illinois Trust k c S. ln Savings 8 bank trustee o otho of oC the tho estate of the elder Smith contends that Mrs Melody is not a 0 lawful heir and Is not entitled to a a. share In the cs cs- cs tat tate S Jam Jamrs Smith died S In 1872 1572 leaving heaving hi his Eon fon Son William Burnie Smith as l his surviving sur sur- hin heir The will provided that In Incase case caso of ot tho the death of the son without lea In Ing lawful Issue all the property should be bo distributed to nephews and nieces It Is the contention of oC th the tho trustee trus trus- toe tee that Mrs Melody being an adopted adopt d child of or Willam Ilam Smith Is no not nota a a. lawful heir and is not entitled to a ashare ashare ashare share In th the estate William ale Smith died intestate and his widow Mrs 1 Smith now Mrs Mathilda Mueller 1 received one one- fourth of or the estate state while whilo several nieces and nephews of or the thc elder Smith also rece received ed portions All that Mrs Melody received was Her attorney Fred D. D Jackson declared that his hilt client did not know that she was entitled to a share in tho the estate until 1909 at which time the tho suit sul was m filed asking that the tho will of th thelder the theeldEr elder cider Smith be construed William Burnle Smith died In 1803 1895 Mrs Melody testified that she had been Informed tha that t she was not entitled to toa a a. sharo In n the estate |