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Springfield, Clark County, Ohio
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Judge John C. Miller in Probate Court refuses to probate Charity Croshaw's will from Vienna due to lack of execution testimony, despite witnesses claiming the document differs from the one they signed; no fraud found, estate valued at $3,000, appeal possible.
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In Probate Court this morning, in presence of parties interested, Judge John C. Miller rendered a decision in the case pending for weeks before him, to determine whether or not a certain instrument presented as such was the last will and testament of Charity Croshaw, late of Vienna. M. H. Dynes and E. C. Smith, of Vienna, witnessed a will at request of deceased, but declared that the document presented for probate in this court, bearing their signatures, was not the one they signed, as it was written in a different handwriting and made different disposition of the property, valued at about $3,000, to different persons from those named in the instrument they claim to have signed. The first supposition was that a fraud had been attempted somewhere, it was not clear where, how or by whom. Judge Miller's decision is as follows:
"The court does not find that any fraud or forgery has been committed; it is possible that the paper presented may be the valid last will and testament of Charity Croshaw, and the court refuses to admit the will to probate because there is an utter lack of testimony showing the paper to have been executed under the safeguards presented by the law as to the execution of wills."
If those interested in sustaining the alleged fraudulent will desire they may appeal this case to Common Pleas court. If not Judge Miller can appoint an administrator to settle the estate equitably.
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Location
Vienna
Event Date
This Morning
Story Details
In Probate Court, Judge Miller decided that the presented will of Charity Croshaw, valued at $3,000, lacks proper testimony for execution under law and refuses probate, though no fraud is found. Witnesses claim the document differs from what they signed. Parties may appeal.