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Show 'Che. (Copv tor This IVpartmnt Supplied b) Ihy Anifri.-Hn l.rKun Nwn StvUt REGARD FOR HEROES' WISHES Judge Noterer of Seattle Holds Re-quest Re-quest of Soldier Killed In War Demands First Consideration. Is the last wish uf a soldier dying on the rlold of battle mure to tie re-tpei'teU re-tpei'teU tlwn legal forms elected out' with sealing wax? The American Legion thinks It Is. Kecent cases before be-fore the courts have brought the question ques-tion to the front. According to Federal Judge Neterer of Seattle, the wish of a soldier killed In battle is higher law than anj- departmental regulation. According Ac-cording to this decision Agnes daffy, sixteen-year old niece of Clarence Swank, is awarded the residue of Swank's estate, amounting to $!,0X. Swank was killed in France. Departmental Depart-mental red tape cluttered up the case on account of the death of Swank's mother, the original beneficiary. In handing down his decision Judge Neterer cited precedents extending back to the days of Caesar and the legionnaires of ancient Home. The latest case is that of Miss Klenore K. Knapp of New York, whose claim to the estat of Ernest Charlton Charl-ton Mason of the One Hundred and Sixth United States Infantry has been contested by Mason's uncle. In a muddy dugout before a general advance ad-vance against the Germans, Mason told his buddle, Oscar Westgate, the story of his engagement, and added that he now felt that In this advance he was slated to "go West." "If I don't come through this," he said, as they started over the top, "I want El-enore El-enore to have all my estate." Mason, among others, was cut off and captured by the Germans. They were, taken to the same prison camp. For ten days, n bunkie testified. Mason lay 111 on the ground with Influenza. Then he was taken away in an anibu-lanee anibu-lanee and his death reported. Eventually Event-ually a death certificate was issued by the United States government. But the attorneys for Mason's uncle contested con-tested the case to the ertent of arguing argu-ing that the "proof of death was unsatisfactory. un-satisfactory. The justice of the soldier's latest will has been upheld In startling fash-Ion fash-Ion by the highest courts of England recently. An English major of Infantry In-fantry died alone in his lodgings In London directly after the armistice. He left no legal will. Across the front of a photograph of his fiance he had hastily scrawled : "All to her." The case was brought before the Highest High-est tribunal of England and the "will" stood. |