A Widow’s Two Wills, a Husband’s Challenge, and a Fortune Tied to Seattle

It looks very much as though Dr. Aaron Baldwin, of Washington City, will not come into possession of the estate left by his wife, Lena Shay Baldwin, who died in this city in April, 1894, for the United States Supreme Court has just put another obstacle in his way, which transfers the fight over the will from the courts of the District of Columbia, where Dr. Baldwin was anxious to keep it, to the superior court of this county. The Supreme Court has denied his application for a writ of prohibition to prevent the enforcement of an order made by Judge Osborn some time ago, in which Dr. Baldwin was ordered to produce in the King County Superior Court a will which his wife executed while in Seattle, and in which she left most of her fortune to her brother, A. K. Shay, and her sister, Jennie L. Shay, both of whom reside in this city. Attorney James B. Howe, of Donworth & Howe, counsel for the Shays, admitted yesterday that the will was now en route from Washington City to Seattle and would arrive here most any day.

It is expected that Dr. Baldwin will arrive soon after the will and fight the case in the highest courts, regardless of this little paragraph which appears in the will Mrs. Baldwin left: 'I have tried to make this, my last will, as just and fair to my dear husband as possible and hope it may meet his full approbation.'

The will certainly does not meet with Dr. Baldwin's approbation, for he alleges that in it his wife disposed of property to her brother and sister which in reality belongs to him, and which she had years ago agreed to will to him. In fact, Dr. Baldwin has in his possession a will which his wife executed some years after their marriage and in which he is made her sole heir. That will Dr. Baldwin would like to have admitted to probate, but the Shays contend that it is worthless, because its provisions were revoked by the subsequent will.

Dr. and Mrs. Baldwin lived in Washington City for a number of years, and Dr. Baldwin at present makes his home there. He is wealthy and has quite a social standing in the community. Mrs. Baldwin came to Seattle several years ago, on account of poor health, and made her home for a time with the Shays, who live at Eleventh and Howell streets. Dr. Baldwin came too.

Mrs. Baldwin died April 18, 1894. Soon after her death Dr. Baldwin returned to Washington City, and in the month of November, 1894, the Shays came into court and asked that Dr. Baldwin be compelled to produce a will left by Mrs. Baldwin, which was dated August 6, 1892, in which she disposed of her estate. The Shays stated that in the will Dr. Baldwin had been made executor without bonds, but he had failed to come forward and say whether or not he would accept; neither had he produced the will. The Shays stated further in their petition the disposition which Mrs. Baldwin had made of her estate. She had left Mrs. Shay her residence at 1305 Eleventh Street, Washington City, a quantity of jewelry, including several diamonds, and $5,000 out of the proceeds of a sale of real estate situated at Mount Vernon, D.C. Mrs. Shay was also left 'the old family furniture that came from the old home in Alexandria.'

'To her beloved husband' Mrs. Baldwin left all other property, both real and personal, with a request that upon his death he leave half of it to the deceased's brother, A. K. Shay.

Judge Osborn issued an order that the will be produced by Dr. Baldwin, who had in the meantime proceeded to Washington City, where he, too, got the courts interested in the subject of wills. He had two of them. The one was that executed by his wife in 1892 in which she made the Shays her principal heirs, and the other was that executed back in January, 1875, and in which all of the property was left to the husband. Dr. Baldwin endeavored to have the 1875 will filed, taking the position that the 1892 will was not a properly executed document for the reason that it only had two witnesses, whereas the laws of the District of Columbia required three witnesses. In taking this position Dr. Baldwin of course maintained that he and his wife had been residents of the District.

When a copy of Judge Osborn's order was served upon Dr. Baldwin, he went into the Supreme Court and tried to get the writ of prohibition which would have prevented the enforcement of the order, but news from Washington City announces that it has been denied and that Dr. Baldwin has been ordered to send the 1892 will back to Seattle.

The action of the Supreme Court makes King County court the center of the fight for Mrs. Baldwin's fortune. The Shays, through their counsel, say that Mrs. Baldwin, having resided here two years, was a resident of Seattle, and her will having been made under the laws of the state of Washington, is in no way affected by the laws of the District of Columbia. The will, they claim, should never have been taken out of the state by Dr. Baldwin, who, it is said, also carried off his wife's jewelry, which was left to Mrs. Shay.

The final possession of the property will quite likely depend upon the question of Mrs. Baldwin's legal residence.

The Shays say that even Dr. Baldwin is a resident of this city, and in support of their statement produce an affidavit from Deputy City Clerk Coryell to the effect that Dr. Baldwin was a registered voter at the last election, his place of residence at the time being 1706 Tenth Street.