New Ulm weekly review. [volume] (New Ulm, Minn.) 1878-1892, 1880-12-22
ACase Of Disputed Identity.

many respects as the famous IichbOrno
case, was taken up in the Surrogate's
Court yesterday. The man claiming to
be Theophilus Youngs, whose identity
is the point now in dispute, is not q
claimant. but appears in aid of his
brother, in opposition to assuit brought
by his wife, the legal status of which
rests upon the allegation that Theoph-
illus Youngs is dead. The case grows
out of an Inheritance to share in
which Theophilus Youngs was entitled.
The distribution of the property which
is situated in this CITY was DELAYED bv a
lawsuit, which was attended to by Henry
Youngs, the older brother Of Theoph-
illus, and who was the executor of the
estate, in litigation. Theophilus re-
ceived advances on his claim from his
brother, amounting in all to S2,2 200, and
in 1870, at the time when the last sum
was paid him on this account, and when
the prospect of decision in their favor
seemed very uncertain, he. together
with his wife, made over to Henry
Youngs all his rights in the estate in
consideration of the amounts already
received. The suit resulted in favor OF
the Youngses, so that Henry Youngs
made a good bargain when he bought
out his brothers interest. Theophilus
Youngs appears to have done nothing
more in the matter, however, and no
action was taken about it until after his
leath was reported in Boston, in
February, 1876. He had disappeared.
and body in the morgue was identified
as his. In October, 1877, his widow
obtained letters of administration from
surrogate Calvin and Immediately
sued Henry Youngs for the share OF
Iheophilus in the estate, claiming that
the sale of his interest was invalid.
Henry Youngs replied by an action fol
the revocation Of the letters of admins
tration, on the ground that his brother
was not dead. He obtained an injunc-
ton staying her suits against him until
the case before the Surrogate should be
settled.
A good deal of evidence in the case,
in the shape of alfidavits and of testi-
mony taken before Commissioner, in
Boston, has heretofore been submitted.
1t is very conflicting On the one
side were produced witnesses who pos
itively identified the body found as that
of Theophilus Youngs, and witnesses
came forward for the other side who
declare that they had seen and, in some
cases, talked with Theophilus Youngs
since the date of his alleged death. In
the meantime man claiming to be
Theophilus Youngs himself turned up,
and has since been living quietly in this
city, stunning public observation. Mrs.
Theophilus Youngs once made applica-
zion for his arrest as an impostor, but
nothing was done in the matter. If an
impostor, he had never attempted to
impose ON her, for he refused to 90
near ter. They met for the first time
Yesterday before Mr.. Edward F. Under
bin, who was appointed by Surrogate
Calvin to take testimony in the case
III Iris city \ man about for
ty years of uge, o! medium height, with
light eyes and d "a ldy r,pstache, came
into the court in company with Henry
Youngs BE said that he was Theophi.
lus Youngs. Referee Underhill asked
Mrs. YOungs whether this man was hcl
husband. She looked at him for mo
ment and then said, in a loud tone
"That is not my husband.o
Henry Youngs was then put on the
witness stand. He identified the mar
who called himself Theophilus Youngs
as his brother and as the husband O.
Mary J. G. Youngs. Early in August
he said, he received a letter from hi!
brother, asking him to meet him OF
August in the law office of Il. G. Drak,
in this city. He met his brother on thu
appointed day, and saw him often from
that time to August "a. He identified
his brother by peculiarly in the for
nation of one of his finger nails and o
his lower teeth.
Sophia Youngs, a sister of Thcophi
lus, also identified as her brother TIN
man who called himself Theophilu
Youngs. IN. Y. SIN.