The Families of Adam Keith
David Lewis Young [1824-1907]
Ancestry: Adam Keith1>Adam Keith2>Lewis Keith3>Susannah “Susan” [Keith] m. [John] Young4>David Lewis Young5
1888 property owners in Richland County, Ohio.
... D.L. Young, assets $6790, in Jefferson Township ... [substantially successful farmer]
Mansfield News [Richland Co. OH] 2/1/1908
"Suit Is Begun To Break Will
Levi Young and Flora Leedy Bring Proceeding in Common Pleas to Set Aside Will of David Young Deceased, Alledged that He was over 89 Years of Age, Mentally and Physically Incapacitated to Make a Will.
Levi Young and Flora Leedy ... have begun suit to common pleas court against Eliza Jane Young.
The plaintiff says that on April 17, 1907, David L. Young of Jefferson Township, died leaving the plaintiffs as his only children and heirs at law and the defendant, Eliza Jane Young, his widow.
A certain paper writing purporting to be the last will of David L. Young bearing the date of March 31, 1904 was presented and admitted to probate in Richland County. Letters were issued thereon by the probate court to Eliza Jane Young as executrix, who is now acting as such. By the terms of this paper writing the plaintiff, Flora Leedy, is given the use of a certain tract of land in Dallas county, Iowa, during her lifetime and to that extent is a legatee under the will and the defendant, Eliza Jane Young is the sole legatee of the balance and residue of the testator's entire estate..
The plaintiffs further represent that the paper writing so probated is not the last will of David L. Young, deceased, because at the time of execution thereof said David L. Young was not of sound and disposing mind and memory and did not have sufficient mental capacity to make a will.
The plaintiffs say that David L. Young at the time of the pretended making and executing of the paper writing was old and infirm to-wit: Of the age of 89 years or more; that at and for a long time prior to the date of the execution of the paper writing by David L. Young he was afflicted with an incurable nervous disease that impaired him both physically and mentally and by reason of his physical and mental condition he became and was at the time incapacitated from transacting any ordinary business, especially from making and executing what purported to be a will.
The Plaintiffs say that at the date of the execution of the alledged will David L. Young lived with the defendant, Eliza Jane Young, his wife alone, in Jefferson township and the family consisted of two people only. By reason of the fact that Eliza Jane Young was of much younger years to-wit; The age of 60 years and by reason of her having absolute control over David L. Young, she, the defendant, influenced, induced, and compelled and coerced him to sign the paper writing against his wishes.
The plaintiffs therefore pray that the issue be made up and tried as to whether said paper writing is the last will and testament of David L. Young; that the pretended will be set aside and held for naught; that the same be found and declared not the last will and testament of David L. Young and for such other relief as is proper."
Researcher comment: Interestingly enough, Eliza Jane Watson Young died April 10, 1909. Flora Leedy received a deed to the Iowa land from the estate of David L. Leedy 6/15/1907 [Mansfield News]; apparently she was after more. Further, on May 26, 1910 [Mansfield News], the estate of Eliza J. Young filed a suit in common pleas court against Levi Young for not inhabiting, keeping insurance, or maintaining the property he was allowed to use in Richland Co.
Mansfield News [Richland Co. OH] 3/10/1910
"Big Will Case in Probate Court
Jury Fails to Agree After Being Out All Night
The case styled Levi Young and Flora Leedy vs. Eliza Jane Young et. al. which has been on trial before Judge Mansfield and the jury in common pleas court for the past eight days, came to and end Thursday evening at 9:30 o'clock. This is a proceeding brought to break or set aside the will of David L. Young deceased, who during his life time lived in Jefferson township about two miles south of Bellville. The estate, it is estimated, was worth about $ 80,000 and included a farm worth about $ 20,000 in Iowa. The use of the property or income was willed to the two children when David L. Young died in 1907 and at the death of the children the residue or principal was to go to the children's children. There were quite a number of attorneys interested in the case. the jury was charged by the court and retired at 9:30 Wednesday morning, remained up all night and at 9:30 o'clock this morning the jury was discharged, they having failed to reach an agreement. It is alleged that the signature to the will was not the signature of David L. Young and again that the will was made under undue influence."