Nancy Ruth Buell and Joseph Ewing McDonald

JOSEPH EWING MCDONALD was born August 29, 1819 in Butler County, Ohio, and died June 21, 1891 in Indianapolis, Marion, Indiana. He is buried in Crown Hill Cemetery, Indianapolis, Marion, Indiana.¹²³⁹

He married NANCY RUTH BUELL on November 25, 1844 in Warren County, Indiana.⁵³⁶⁹ She was born in 1825 in Ohio, and died September 3, 1872 in Indianapolis, Marion, Indiana.³⁶⁵⁰ She is buried in Crown Hill Cemetery, Indianapolis, Marion, Indiana.¹²³⁹

Children of NANCY RUTH BUELL and JOSEPH EWING MCDONALD:

1. EZEKIEL M. MCDONALD, b. 1846; m. LYDIA P. TONSEY on July 23, 1867 in Marion County, Indiana¹⁶⁷⁵; d. January 2, 1873, St. Paul, Hennepin, Minnesota.⁶³³⁴
2. MALCOLM ANDREW MCDONALD, b. April 28, 1848, Crawfordsville, Montgomery, Indiana;^{14, 4931} m. JESSIE ANN SCOTT on March 31, 1874 in Ashland, Saunders, Nebraska³⁰; d. January 28, 1919, Lafayette, Tippecanoe, Indiana.^{14, 4931}
3. FRANK BUELL MCDONALD, b. 1850; d. January 7, 1887, Washington, District of Columbia.
4. ANNA M. MCDONALD, b. 1853; m. JESSE B. CALDWELL on May 17, 1876 in Marion County, Indiana¹⁶⁷⁵; d. June 1, 1877.⁶³³³



Newspaper Articles

Logansport Pharos-Tribune, September 20, 1895³⁸¹⁴

LOWER COURT IS SUSTAINED

DECISION OF THE SUPREME COURT IN THE McDONALD WILL CASE.

CONTESTANTS WIN THEIR CASE

THE WILL OF SENATOR McDONALD FINALLY DECLARED A FORGERY.

Special to the Journal.

Indianapolis, Sept. 19.—The Supreme court today, in an opinion written by Judge Jordan, affirmed the decision of the Hamilton Circuit court in the case of Josephine F. McDonald against Malcolm A. McDonald and others. The case is what is known as the McDonald will case. The action was begun by Malcolm S. McDonald, Joseph E. McDonald and Jessie c. McDonald, and was against Josephine F. McDonald and THeodore P. Haughey, executors, to set aside what was alledged to be a will of the late Joseph E. McDonald, ex-United States senator. The trial, which lasted for many weeks, resulted in the jury finding in favor of the contestants, and over a motion for a new trial the court rendered a judgment setting aside the will in contest.

Joseph E. McDonald died June 21, 1891, and left surviving him Malcolm A. McDonald, his only living son, and Joseph E. and Jessie C., his grandchildren, the children of Ezekiel McDonald. Josephine F. McDonald, the surviving widow, was his second childless wife. The original complain alleges that in the year 1891 a certain paper in writing, purporting to be the last will of Joseph E. McDonald, and purporting to have been signed by hi and attested by ALpheus H. Snow and Park Daniels, August 26, 1890, was admitted to probate in the Marion county circuit court, and that letters testamentary were issued to Theodore P. Haughey, who was named in the will as executor. THat in his pretended will certain described real estate in Marion county, known as the "Washington street property," was purported to be devised to Josephine F. McDonald, who accepted the provisions of the will, and that she asserted and maintained that the will was the true and only last will of her husband.

HISTORY OF THE CASE

The trial of the McDonald will case, which was taken to Noblesville, on a change of venue from this county, was one of the most remarkable in the list of will cases by reson of the numerous points involved that required expert testimony. The range of expert testimony embodied type-writing, different colored inks, wirtten signatures, varying qualities of paper, etc.

The disputed will was type-written, and the stenographer who had been employed in the law office of McDonald & Butler, and who, it was alleged, had written the will which bore the disputed signature of Joseph E. McDonald, had some time ago become a hopeless lunatic. No stenographic notes of the will could be found, and the expert evidence as to whether the signature was or was not that of Mr. McDonald was apparently as strong upon one side as upon the other, though a preponderance of the testimony given by those familiar with the signature of Mr. McDonald discredited the signature.

The best witness for the contestants of the will was John M. Butler (who has recently died), a lifelong and intimate friend of Mr. McDonald, his partner in business for many years, who related conversations held with the testator while the latter was upon his death-bed, these conversations showing that Mr. McDonald had no intention of cutting off his children and his children's heirs in the manner shown by the disputed will.

The Hamilton county jury was remarked upon at the time of the trial as being one of good intelligence, composed of the best farmers and business men of the county.

Obituaries

Indianapolis Sentinel, September 9, 1872³⁶⁵⁰

OBITUARY

Mrs. N.R. McDonald, wife of the Hon. Joseph E. McDonald, died at the family residence in this city, on Saturday evening, after a long and painful illness. The deceased was left an orphan at an early age, but was adopted and reared by her uncle, Dr. Buell, a distinguished physician of Warren county. She was married at Williamsport twenty-eight years ago, and resided at Crawfordsville for meany years thereafter. She came with her husband and children to this city in 1859, where the home of the family has since been.

Mrs. McDonald was eminently a Christian woman, and as long as her health permitted was actively and zealously engaged in works of benevolence and charity. For several years she was prominently identified with the management of the Orphan Asylum in this city and many other charitable enterprises have owed their success in a great measure to her aid and assistance. A kind and affectionate mother and wife, her death is a terrible bereavement to her husband and children, and will be sincerely mourned by the large circle of friends to whom she was endeared by her many virtues.

Owing to the absence of several relatives and near friends of the deceased, the time of the funeral has not yet been decided.

Cemetery Pictures



Crown Hill Cemetery, Indianapolis, Marion, Indiana