Jury Invalidates Portions of Feeney Will In Case Here

FEENEY, OCONNOR, OLSON, STRODTHOFF, SUTTON, WOLFE

Posted By: Kelli Wilslef (email)
Date: 1/18/2011 at 17:54:49

Jury Invalidates Portions of Feeney Will In Case Here
Maquoketa Community Press
May 31, 1951

The jury in the case of the will of the late James F. Feeney found for the plaintiffs, Hazel Olson, Mary Feeney and Howard Feeney, nieces and a nephew of the late Mr. Feeney, about 12:45 a.m. Saturday.

The case, in progress here for two weeks, came to an end when the jury invalidated two portions of the contested will after hearing testimony from both defendants, and plaintiffs, John Strodthoff, foreman of the jury, returned with the sealed verdict after deliberating nearly five hours.

Invalid Portions

The two portions of the will declared invalid by the jury were the ones pertaining to the two bequests to the Society for the Propagation of the Faith, one for $1,000 and the other which specified that the residue of the estate, estimated to be about $40,000, and the codicil, dated Oct. 1, 1949.

The codicil, which the plaintiffs had requested set aside with the rest of the will, was declared null. The plaintiffs alleged the late Mr. Feeney to have been of unsound mind when the will and codicil had been made and that there had been undue influence exerted upon the deceased by F. A. O’Connor, F. J. O’Connor and the Rt. Rev. Msgr. John M. Wolfe. Judge M. L. Sutton, in his instructions to the jury, withdrew the unsound mind allegation from jury consideration.

Other Defendants

Other defendants denying claims of undue influence were the corporation of New Mellerey, St. Lawrence’s church at Otter Creek, Sacred Heart Church, Maquoketa and Raymond Feeney, executor of the estate.

Other bequests remain unaffected by the jury’s verdict. The residue of an estimated $40,000 will go to the heirs. The defense will have 30 days in which to appeal the decision.

Mr. Feeney died Feb. 20, 1950. The will, with codicil, was probated Mar. 16 that year.