The Child's Will Case Appeal

The Child's Will Case Appeal

The Appeal Is Dismissed By Judge Kinney

But Further Proof May Be Admitted To Perfect The Appeal

Judge Kinne has handed down e decision in the matter of the estate of Lucy W. S. Childs, of Augusta, a case which has excited much interest. The case originated in the probate court, when O. A. Ainsworth, whose mother was a lawful heir to the property, acting as heir presumptive with Carlos W. Childs, who claims to be the adopted son, tried to stop probating of the will. It was admitted, however, and the case was carried to the circuit court. Morton F. Case was the special administrator but Executor Campbell was named in the will, which disposed of $11, 824.77 to several persons not relative of the donor. The testimony in the caee involved 167 pages of closely typewritten matter.

The refusal of the appeal is as follows:

"It is difficult to understand how such a state of facts could exist, as is presented by these motions. It perhaps can only be explained on the theory of haste, or carelessness, or thoughtlessness. I do not think that it is possible for this court to grant the motions as made by the contestants (so called). If John F. Hubbard and Caroline H. Ainsworth, or either of them wish to appeal, I think they must proceed under section 674 of the Compiled Laws of 1897. The motion to allow appeal must be denied. As to the motion to dismiss the appeal as to O. A. Ainsworth It must be granted. As to Carlos W. Childs, the question as to what to be done is not clear. The bond given is of no value even as to him and unless he is lawful heir, the appeal must be wholly dismissed.

"A contention as to whether he is a lawful heir. It is affirmed and denied, and it is impossible to determine that question on this motion. I am disposed to hold the motion as to him, for the present at least, for further proof upon the subject."