On the 6th of May, 1880, Samuel J. Bennett and Wm. K. Bennett filed their petition in the court of common pleas of Pickaway county against Jonathan Taylor, which petition was as follows :

“ The plaintiffs allege the following facts as their cause of action: They say that on or about the 8th day of April, 1879, Samuel J. Bennett, the father of the plaintiffs, made and published his last will and testament; that afterwards he departed this life at Pickaway county, where he resided, on the 1st of July, 1879; tnat afterwards, on the 20th of September, 1879, the said will was admitted to probate and record in the probate court of Pickaway county, Ohio; that by the terms of said will, the said testator devised and bequeathed all of his property, real and personal, to his wife during her lifetime, and after her decease he devised the farm oil which he resided, containing about 90 acres of land, and also about 80 acres lying and running with the Robinson land, to the plaintiff, Wm. K. Bennett, in fee simple; and thte testator devised to the plaintiff, Samuel J. Bennett, in fee-simple, all the remainder of his real estate; the said devises to the plaintiffs were subject to the following legacies : To Rhoda and Anna Bennett, each the sum of $500; to Sarah Ann Bennett, $200; to Mary Alin Bennett, $200; to Jane Bennett, $200; to Frances Bennett, $280; to Mahala Bennett, $225; to Nampy Bennett, $275.

The plaintiffs further allege, that on or about the 30th day of June, 1879, the defendant, said Jonathan Taylor, wiongfully procured the possession of said will front one S. P. Thomas, who had the custody of it, and proceeded to spoliate the said will, bj'cutting out the names of the witnesses thereto and other ma'erial parts of it. The said spoliation of the said will was done after the decs ase of the said testator. Plaintiffs further say, that at the time of the said spoliation the said will was unrevoked; and the said acts were done wrongfully and without authorit3r. The plaintiffs further say, that in consequence of the said wrongful acts, the plaintiffs were compelled to employ counsel and institute legal proceedings in the probate court of the said county, for the purpose of having the said will proved and admitted to record by said court, and plaintiffs were compelled to expend their time and money in and about the probate of the said will. And the plaintiffs did cause the said will to be admitted to probate and record in the said court, at the date above mentioned, as a spoliated will.

And the plaintiffs further say, that thejr incurred expenses for counsel fees, amounting to the sum of $100, and their loss of time and trouble in the said matter, amounting to $50.

Prayer for judgment, etc.

…

Citation profile

How this case has been treated — in progress