Where There's A Will . . .

[Simon Wood]

Hi All,

The following notice appeared in the Rochester Democrat & Chronicle, 29th July 1903—

THE PEOPLE OF THE STATE OF NEW YORK: By Grace of God Free and Independent.

To Jane Hayes, Charles Fitzsimons, Margaret Hardy, Catherine Way, Joseph Powderly, Thomas Powderly, Mary Farrell, Charles Kelly, James Kelly, John W. Kelly, Frank Kelly, Patrick Henry Kelly, Mary McSorley, Agnes Lynch, Margaret Valler, James J. Kavanagh, Joseph Kavanagh, John Kavanagh, Batholomew Kavanagh, Mary A. Kavanagh, William Mahoney and Frank Mahoney, heirs-at-law and next-of-kin of Francis Tumblety, deceased, and to all other persons, if any, who are heirs-at-law and next of kin of Francis Tumblety, deceased, all of whom and all of whose names are unknown, send greeting:

Wherefore, Mary Fitzsimons, Annie Barrett, Jane Moore, James P. Tumilty and Michael H. Fitzsimons, persons interested and legatees named in a certain instrument in writing, bearing date May 16 1903, purporting to be the last Will and Testament of Francis Tumblety, late of the city of Rochester, in said county of Monroe and State of New York, deceased, and relating to both real and personal estate, have lately made application to the Surrogate's Court of our county of Monroe, to have said instrument proved and recorded as a will of persons and real estate, you and each of you are cited and required to appear before the Surrogate of the county of Monroe at his office in the city of Rochester, in said county of Monroe, New York, on the 1st day of September 1903 at 10 o'clock in the forenoon of that day, then and there to attend the probate of said last Will and Testament. And if any of the aforesaid persons are under the age of twenty-one years, they will please take notice that they are required to appear by their general guardian, if they have one, and if they have none, that they appear and apply for the appointment of a special guardian, or in the event of their neglect or failure to do so, a special guardian will be appointed by the Surrogate to represent and set for them in the proceedings for the probate of said will. And you are further required then and there to show cause why said Michael H. Fitzsimons, or some other suitable person, should not be appointed administrator with the will annexed, of said decedent.

In testimony whereof,
we have caused the seal
of the Surrogate's Court of
the County of Monroe, to
be hereto affixed.
Witness, Hon, George A.
Benton, Surrogate of said
County, at the City of
Rochester, this 20th day of
June, in the year of our
Lord, nineteen hundred and
three.
ANDREW LUDOLPH
Clerk Surrogate's Court
McGuire & Wood, Attorneys for Petitioners,
711-717 Wilder Building, Rochester N.Y.

Regards,

Simon

[Simon Wood]

Hi All,

Rochester Democrat & Chronicle, 14th November 1903—

TUMBLETY FIGHT
NOT IN MONROE

PROCEEDING BEFORE JUDGE
BENTON DISCONTINUED

MEANS ADDED EXPENSES

Rochester Heirs of Wealthy but
Eccentric Doctor Abandon Attempt
to Have $200,000 Estate
Administered in This County

The Rochester Tumblety heirs have lost a point in the fight for the $200,000 estate. The proceedings will be in the New York County Surrogate's Court, a fact that will add to the expenses of the [?] litigants, who sought to bring the estate within the jurisdiction of Judge Benton, as Dr. Francis B. Tumblety was a resident of this city.

Justice Nash yesterday morning ordered the discontinuance of the action entitled "Michael H. Fitzsimons as temporary administrator of the goods, chattels and [?] of Francis Tumblety, deceased, against Henry Clews, James B. Clews, John H. Clews and Charles B. Holsderber." The affidavit of Attorney Curtis Fitzsimmons recites that the New York Surrogate's Court exercised prior jurisdiction over the estate by the issuance of ancillary letters of administration with will annexed on June 12th to Public Administrator Gerrard Strode, of St Louis, nearly all the assets of Dr. Tumblety being located in New York, and that the latter surrogate has obtained sole jurisdiction over the estate and the Monroe county proceeding had to be discontinued in consequence.

Dr. Tumblety died in St. Louis on May 28th last. On May 16th he made a will witnessed by Dr. A.V.L. Brokaw [a respected St Louis surgeon] and Attorney T.D. Cannon, naming no executor but leaving $10,000 to Mrs Thomas Brady, of Liverpool, England, his niece; $10,000 to his sister, Mrs Jane Hayes, of Vallejo, Cal.; to Mrs Barrett, Jane M[?] and Mary Fitzsimons, of Rochester, nieces, $5,000 each to the first two and $10,000 to Mrs Fitzsimons; $5,000 to Mark A. Blackburn, his coachman; $10,000 each in Cardinals Gibbons and Ireland for charitable purposes.

The will was probated the day after Dr. Tumblety's death, without notice to heirs or next of kin, as required by law. When Public Administrator Strode investigated the estate, he found that Clews, the New York bankers, held $138,000 of the estate.

Mrs Fitzsimons, Mrs Barrett, Mrs Moore, James P. Tumility and Michael Fitzsimons petitioned Surrogate Benton for administration of the estate. George B. Draper and Edwin A. Metcalf appeared for heir in this state, Chicago and Indianapolis. The St. Louis authorities want the proceedings to take place there, as the administration fees will run into the thousands.

The question of Dr. Tumblety's domicile was fought out by the New York bankers, the Rochester heirs and the St. Louis administrator in New York. Since the commencement of the proceedings, Baltimore heirs have brought forth an alleged will and several women not related to the testator have put in claims, while some of the many hairs would like to see both wills thrown out and the estate distributed to the next of kin.

Regards,

Simon