Background and Death of
Edwin A. Oliver:
Edwin A. Oliver, a
renowned editor at Yonkers Statesman and a popular humourist on the local
scene, died on April 22, 1925, in White Plains, New York. At the time of his
death, his assets are estimated at around $62,000, a substantial amount at that
time, which was expected to spark a bitter legal battle among possible heirs
and successors. Oliver had drafted a series of wills over the course of a
single year before his death, thus creating a classic scenario for dispute in
inheritance that would make headline news in the media and feature early
methods of forensic analysis of some suspect documents.
The Two Contending Wills
and the First Objection: Two major wills were invoked during the probate case.
The first, dated June 30, 1924, looked out for favor for certain relatives,
including the nephew who later headed the dispute. The other will was dated
September 20, 1924. This later will was supposed to have cancelled out the
previous one, wiling benefits to certain individuals, including witness Nellie
Drummond (who might have been a housekeeper or associate) and William Weeks.
The nephew called this later will into question on grounds that it had been
forged, especially the alterations on the paper itself that indicated the
printer's name and address and the date of printing at the top of the form.
This date had actually been torn off.
Key Evidence:
The Pre-Printed Legal
Forms: The contested will was drafted on a preprinted form for legal documents
prepared by a local printer in two separate print runs that were significant to
the timeline. While the first print run occurred on January 8, 1924, the document
would indeed exist and become available long before the supposed September
date. A later print run occurred on October 8, 1924, which followed the
supposed date of the will’s execution. For the September 20, 1924, will to be
genuine, it had to use the January form because the October version did not
exist at that stage. This timeline issue became the crucial lead in the forgery
claim, as the use of the October form would establish the last will as a
retroactive and post-mortem forgery.
Further Investigation
A)
Forensic Analysis of the Torn Piece
of Paper: Some Thoughts on QDE Analysis
Questioned document
examiners, representing unwavering diligence, analyzed the torn part of the
paper that contained the erased date using microscopic techniques related to
the torn part where the date was erased. Notwithstanding these erasures, a
minute but invaluable piece was retained, denominated "the tail of the
comma," coming from "the Printer's address line, presumably printing
something like 'Printer's Street, City, NY.'" The precise placement of
this piece of ink on the paper was meticulously measured compared to genuine
specimens of January and October paperwork.
The Decisive Mismatch
Revelation: The placement of the comma tail failed to correspond with the
positioning on the January 8, 1924, copy. On the other hand, it exactly matched
the positioning on the October 8, 1924, copy. This conclusive impossibility revealed
that the document could not have existed on the dates of September 20, 1924,
making the will a forgery by employing a document that did not exist during the
alleged dates, making the will a forgery. This analysis pointed to the fact
that the minutest detail in printing could lead to a conclusive find in
forensic analysis.
Conviction and Outcome
The Grand Jury
Indictments
Based on the forensic
discoveries that took place early in 1926, a Westchester County Grand Jury
began an investigation. They inducted major wrongdoers, key witnesses Nellie
Drummond and William Weeks, who had testified about the second will, on charges
of forgery in the first degree and perjury.
These charges came about
because they had signed documents that they understood to be or should have
understood that a document was false. Court Decision and Will Invalidated:
Already by the middle of 1926, the court has been unequivocal in siding with
the contesters and invalidating the whole will dated September 1924 on the
basis of unimpeachable forensic evidence. The will dated June 30, 1924, was
deemed valid. Hence, this settled the dispute on probate. Aftermath and Legacy:
The case remained in the realm of the legal system well into 1928 with the
appearance of parole applications for those who were thought to be involved,
including the mention of a "Cowles" who may have had peripheral
involvement. The Oliver Will case is one that has left its mark in the field of
forensic science as it demonstrates the importance of document analysis.
Ms. Ovee Salagare
Academic Department
Member
Applied Forensic Research
Sciences.