Oddly enough (just one of the odd things about this odd case), James Terwilliger died just two days after the Oregon Circuit Court judge had declared that Philinda Terwilliger's will was a forgery. Another odd thing, that The Morning Oregonian commented on in 1894, was the "strange fatality which seemed to pursue individuals connected with it." Among those deceased were Julia Terwilliger Richardson, who died in the summer of 1892 (leaving her husband and sons to pursue the case), Judge Lorenzo Sawyer, John Orvis Waterman, "who testified that he wrote the will and that he saw Mrs. Terwilliger sign it", and three or four witnesses, who died before the case was appealed.
As for James Terwilliger, when he died on September 1, 1892, his estate was worth almost $450,000. His will divided his estate between his children from his first marriage, Hiram Terwilliger and Charlotte Cartwright, and his grandchildren Frank and Thomas "Harry" Richardson. Hiram received 106 acres of the donation land claim and a portion of a lot in the city of Portland; Charlotte received "a quantity of land and a note for $3000". And, "subject to the payment and discharge of all costs, fees and charges not paid, arising out of the suit ... against James Terwilliger, Frank and Harry Richardson, children of Terwilliger's deceased daughter Julia, are made heirs to the one-third part of the donation land claim." (source: "James Terwilliger's Will", The Morning Oregonian, 6 Sep 1892; digital images, Newspaper Archives (http://infotrac.galegroup.com.ezproxy.kcls.org)
The matter didn't end there, though. According to the news item published in The Morning Oregonian of April 21, 1894, the defendants (Julia's husband and sons) were not happy with the court's decision.
As reported in the newspaper on 27 June 1894, they "are endeavoring to get the matter before the United States supreme court".
As reported in the newspaper on 27 June 1894, they "are endeavoring to get the matter before the United States supreme court".
And on February 8, 1895, the final decree was handed down, and as The Morning Oregonian reported, "This instrument was adjudged forged, false and void by the decree of this court" was stamped across the face of the will in red ink.
Today, the Terwilliger land is well-known in Portland. James' heirs donated 19 acres of land in the form of a right-of-way through the Terwilliger property, to form the first of a "Park and Boulevard System of the City of Portland". Landscape architect James Olmsted began planning Terwilliger Boulevard in 1909. The Boulevard opened to automobiles in 1914, and electric lights illuminated the roadway.
Today, Terwilliger Parkway is a pleasant drive, heavily wooded and seemingly far away from the city strife and traffic. It's come a long way from its first purchase by James Terwilliger (he traded a horse for this land in the 1840's), and the wrangling by his descendants over the forged will. His obituary ended with "He was a worthy pioneer, a good citizen, and a useful man."
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