Denied The Petition

Denied the Petition.

Judge Durfee, in the Probate Court yesterday, denied the petition of Tubal Cain Owen, of Ypsilanti, to be declared the sole residuray legatee of the late Capt. Eber B. Ward, whose will has been contested in several courts, but without success.

The petitioner sets up that his "rights as residuary legatee" under Capt. Ward's will had not occurred when O. W. Potter, the executor, filed his final account, which was approved by the local court, August 6, 1884.

Executor Petter claimed that the court now has no jurisdiction in the matter, and that the claim of Mr. Owen was barred by the statute of limitations. He also averred that the petitioner had failed to describe or specify unadmintisered assets.