A Will on Note Paper Survives a Husband’s Challenge

The prolonged struggle over the last will and testament of Lena Shay Baldwin was settled in Judge Humes’ court yesterday by the will being admitted to probate. The fight had continued for many years, with Dr. Aaron Baldwin, surviving husband of the deceased, attempting to have it probated in Washington City, where the larger portion of the estate is located. Objections were also made to the will as being imperfect. In admitting the will, Judge Humes said he could see no reason why it should go to another court, to be returned here.

The will is written on ordinary note paper, covering less than four pages. After the usual introduction revoking all previous wills, it provides:

'On this Saturday, August 1, 1892, I will to Jennie K. Shay the house and lot on Eleventh street, N.W., between M and N streets, known as [lot], to be hers and her heirs and assigns forever. Also to her I leave my gold (enameled) bracelet and my black and gold ring, having two diamonds and one opal in the set; also my piano and my sewing machine and all music and the music book. Also all my interest in the old family furniture that came from the old home in Alexandria. Also out of the sale of the Mount Pleasant property, lot 6 of [subdivision], whenever Dr. Baldwin shall see fit to sell it, said $5,000 to be invested judiciously for my sister through the joint advice of my husband and Mr. Thomas E. Waggaman, in whose judgment I have the highest confidence.

'Everything else, both personal and real property I now own, I leave to my beloved husband, Aaron Baldwin, to be used for his lifetime, to do as he thinks best with, and request that at his death he leave half of the amount, together with the increase of said half, to my brother, A. K. Shay, for his life, and after him to the children of said A. K. Shay, nephews and nieces, to be equally divided among them.

'I furthermore desire that my husband give to my niece, Jane Stanford Shay, all my jewelry at his death or when she arrives at a suitable age, if he so will. I also will that my husband, Aaron Baldwin, be my executor and administrator without bond.

'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, and I ask him to manage for my sister as he knows I would want him to do.

'I herein set my hand and seal this 4th day of August, 1892. This will being made to go into execution in case I die before my husband.

'LENA SHAY BALDWIN.'

'Article: If Dr. Aaron Baldwin should die before he knows of this will, then the property goes to my brother and sister, A. K. Shay and A. V. Shay, they to be executors without bond.

'LENA SHAY BALDWIN.'

The will is witnessed by P. Fisher and Sarah A. Fisher.

The object of taking the will out of this state seems to have been to admit a previous will to probate in the District of Columbia. In this state but two witnesses are required, while there a will to be valid must be subscribed by three witnesses. Before Mrs. Baldwin came to the West, whither she journeyed in search of health, she and her husband each executed a will, mutually providing that the entire estate was to go to the survivor. But after remaining here for a time, she made the will admitted yesterday, containing the bequests to her sister. In case this will were declared void, Dr. Baldwin could claim the entire estate by virtue of the other will.