Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1874-08-27
THE McCoY CASE DEcIDED.-"In

1
him in the Last Will and Testament
of Charles Mccoy, deceased" Such
is the title of case that, in passing
through the County and Circuit Court
of Grant county and from those courts
to the Supreme Court, has acquired
some notoriety, and brief history OF
the case may not be uninteresting to
many of our readers. The testator,
Charles Mccoy, universally styled
Capt Mccoy, was an old settler of
Grant county and was well known to,
and will be remembered by many OF
the citizens thereof. He was native
of North Carolina, from which State
he emigrated about the year 1920 aud
after sojourning for many years in sew
eral Of the southwestern states, he ar
rived at and settled in Hazel Green
about the year 1885, at which place
he resided until his decease, which
took place in 1850, leaving widow
but no children. A short time before
his decease he executed will in which
the tes,ator after providing for the
payment of debts and funeral expens-
es, bequeathed to his widow the home
stead, some articles of personal prop
erty and $4,000. Then, to his brother
John Calvin Mccoy, in trust for him.
self and his brothers and sisters and
their heirs, the one-third part of the
estate, after the payment of the debts;
and other requests, which, including
the $4,000 to his wife, amounted to
about $1,000; also, providing that the
surplus, if any, should "be divided be-
tween his legatees in the same ratio
that he had already given them" At
the time of his death he left but little
personal property-but quite large
amount of land, known as mineral land.
This was then, nearly if not wholly
unproductive, and SO remained for
sometime, so that in fact the estate Of
Charles Mccoy was regarded for sew.
eral years as insolvent. The execu-
tor, John M. Chandler, believing that
there were valuable mineral resources
hidden in the lands, held on to them
through much personal inconvenience
and pecuniary difficulty, until from
the mineral developed, not only were
the debts and legacies paid up in full,
but large surplus remained for dis
position. That, on or about July 1868,
proceedings were instituted in the
County Court of Grant county, by Re-
becca Yearnshaw, who was the wild
ow of said deceased against the ex-
ecutor for settlement of his accounts
as such executor That at that time
the County Court adjudged that after
paying all debts and expenses, there
remained in the executors hands $14,-
913.64. That one-third of that sum,
to'wit, $4971.21 belonged to John
Calvin Mccoy, and that after deduct-
ing this and the other legacies from
the first named sum, there still re
NAMED surplus or residue to be di
vided of $2s42. That said County
Court decided that s947.47 of this
surplus belonged to John Calvin Nc
Coy, in excess of his previous legacy,
and from this decision or order Re-
becca Yearnshaw appealed to the Su-
preme Court. The decision of the
County Court was affirmed. Up to
this time John Calvin Mccoy, the leg
atee and trustee, had neither appeared
to claim his legacy nor was bis where
abouts or even his existence known.
The surplus of the estate continued to
increase and sometime in 1871, one
John Calvin Mccoy was found in
Blount county, Tennessee, who was
supposed to be the legatee named in
said will. A petition in his behalf
was fled in the County Court, entitled
as above. Bushnell & Clark and w.
E. Carter appeared as attorneys for
the applicant. Barber 81 Clementson
as attorneys for the executor and the
other legatees. The applicant claim
ed to be the John Calvin Mccoy
named in the will, and to be legatee
and with the other legatees to be en-.
titled to pro rata proportion to all
surplus in said estate. AS this surplus
had become large, the land still held
by the estate, and the surplus still ac-
cumulating, the question became i'm
portant. The Respondents denied the
identity of the claimant; the right to
any part of the surplus, or to be re-
garded as legstee in the distribution
of such surplus. The Supreme Court
decided the right to distribute share
and the equity of the distribution, and
the Circuit Court of Grant county sus-
tanned the identity of the Applicant
The case was important, was ably ar
gued by the respective counsel for the
parties, and the decisions generally
regarded as according to law and
equity.
TRAVELLING INcoG.--They left Ian.
caster at 1890 a. IN. Just where they
went and what they went for will
probably remain a ragged-edged mys-
terry forever. At farm house in q
neighboring township, bordering a