Missing Will Discovered

MARTENS, ABEL

Posted By: Marilyn Holmes
Date: 7/30/2014 at 15:12:33

The Mason City Globe Gazette
June 1935

MISSING WILL DISCOVERED
Slain Farm Wife's
Estate Left to Husband-Killer,
Dead Daughter

NEWTON, June 1 (UP)--The missing will made by Mrs. Estella Martens, Keswick farm wife whose husband was convicted of slaying her last August, has been found in the Martens' phonograph, sold February to a brother of Mrs. Martens. It will be admitted to probate in district court at Sigourney Tuesday. Martens now is serving an eight year term in Fort Madison prison. He was convicted here of manslaughter after a district court jury at Sigourney acquitted him of slaying Maxine Abel, Mrs. Martens's daughter by a former marriage.

DEEDED TO ADOLPH

The will states that Mrs. Martens had heretofore deeded the 120 farm to Maxine and the farm section 16 to Adolph. It provided that livestock, grain and feed be sold and divided, one third to Adolph Martens and two thirds to the slain daughter. All farming implements, tools and equipment, including an automobile were willed to the husband, the household furniture and poultry to Maxine. Marten's children by a former marriage, Anna and Henry Martens each were bequeathed $1.

FIGHT IN PROSPECT

A court fight over the estate is in prospect between Walter Abel, Maxine's father and Mrs. Martens three brothers and a sister. The point at issue is whether Maxine or her mother was slain first by Adolph Martens. Abel, his attorneys say, will attempt to prove the girl was still alive when Mrs. Martens was killed and hence inherited her mother's property. Because of Martens conviction, he cannot inherit even under the will. In trying Martens, the state contended he killed his wife and stepdaughter because Mrs. Martens had threatened to "kick him out."