Oliver Root
Cincinnati Enquirer, 10 Aug 1904, page 9
There was a highly exciting encounter in the office of County
Judge Hissem in Newport, yesterday afternoon that was a result of the attempt to
probate the will of the late O W Root.
The principals who figured in the affair were R W Nelson, attorney for the heirs who propose to contest the will; Herbert Jackson, one of the heirs, who is named as executor in the will, and Albert T Root, brother of the deceased.
Attorney Herbert Jackson, husband of Mrs. Olive Jackson, a niece of the deceased; Mrs. Susan Barker, sister of the deceased; Sarah Root, his mother and Dr. Virgil Barker, his nephew, were the heirs who offered probate. Albert Root his brother, Horace Root, his nephew; Mr. and Mrs. Blanche Spears (nee Root) were the heirs represented by Colonel Nelson, who opposed the probating of he will.
When Mr. Jackson produced the will before Judge Hissem, Colonel Nelson objected asking for time. Mr. Jackson wanted the hearing to proceed saying that it was an easy matter to prove the authenticity of the document and that the witnesses as to the handwriting could soon be found. Colonel Nelson wanted to know of Jackson why he told such falsehoods. White with rage Jackson walked up to Nelson and repeated what he had said. Colonel Nelson said he could whip 16 men like Jackson and then throw them out of the window.
Hostilities were imminent when Deputy Sheriff Charles Davis, ex-judge H C Dumont and Judge Hissem split Jackson and Nelson out. While this was going on Mr. Albert T Root started after Jackson. He called him an insolent puppy and turning to Judge Hissem, said dramatically that he had been done a great wrong. He said that he had been in partnership with his deceased brother in the practice of law for 35 years and was not about to be treated unfairly. Judge Hissem succeeded in quieting the belligerent parties and after receiving an apology from each for their conduct, continued the hearing until August 25.
There will be a big contest in the Courts over the estate of the deceased jurist that is variously estimated in value from $70,000 to $100,000. Albert Root is objecting to the appointment of Jackson as executor. The will says in this connection that the maker thinks that it would be best to appoint some one not a blood relative to administer the estate.
The will is drawn in strong vigorous terms and is characteristic of the deceased. The bequeaths are as follows: To Grace M E Church of Newport $2500 (changed in codicil to $2000) to the Campbell County Protestant Orphans Home and the Roman Catholic Orphans Home at Cold Spring $1000 each; to Christ Hospital Cincinnati $1000 (this is revoked in a codicil) to his mother, Sarah Root ($2000; to Kate Carmody, who nursed Mr. Root during his illness, $1000; $1000 each to Horace Root and his sister, Mrs. Blanche Spears, nephew and niece; Mrs. Oliver Jackson a niece get $5000; to his cousins, Kate and Mina Perry and Fanny Dawson of Memphis Tenn. $300 each; to this brother Albert Root $8000; to his cousin Florence Comstock of Indianapolis $300; to Kate Williams, the colored cook $300; to Dr. Virgil Barker, his nephew $1000.
It is provided that after all these legacies are paid, together with $1000 to the executor, Herbert Jackson and a fine memorial window in St Paul's P E Church is provided in memory to his mother, Sarah Root, after her death, all of the residue of the estate is to go to Mrs. Susan Barker, his sister. It is stipulated that the latter is to be preferred as executrix in case Mr. Jackson refuses to accept. The will directs that a lot shall be purchased in Evergreen Cemetery and a family tomb to be erected so that the remains of the deceased relatives may be interred in one place.
No bond is required of the executor, but Mr. Jackson was ready to file a big surety in case the will had been ordered to probate.