Union County courier. [volume] (Elk Point, Union County, D.T. [S.D.]) 187?-1913, 1880-11-24
ACase Of Disputed identity.

The case of the Youngses, as curious in
many respects as the famous TichbOrne
case, was taken up in the Surrogate's
Court yesterday. The man claiming 10
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 suit brought
by his wife, the legal status of which
rests upon the allegation that Theoph-
uus Youngs is dead. The case grows
out of an inheritance to q share in
which Theophilus Youngs was entitled.
The distribution of the property which
il situated in this CITY was delayed by 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 ~, 200, and
in 1870. at the time when the last sum
was paid him on this account, and when
the prospect of a 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 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
death 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
Theophilus in the estate, claiming that
the sale of his interest was invalid.
Henry Youngs replied by an action for
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 afiidavits and of testi-
mony taken before Commissioner, in
Boston, has heretofore been submitted.
IL 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 YOuugs
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
Theophiius Youngs once made applica.
tion for his arrest rs an impostor, but
nothing was done in the matter. If AZ
impostor, he had never attempted tx
impose on her. for he refused to q
near her. They met for the first tim,
Yesterday before Mr. Edward T. Under
hill, Who was appointed by Surrogate
Calvin to take testimony in the cast
in this city. A man about for
ty years of age, of medium height. witt
light eyes and sandy mustache, CAM
into the court in company with Henr,
Youngs. He said that he was Theophi
lus Youngs. Referee Underhill aske'
Mrs. Youngs whether this man was he
husband. She looked at him for a mo
ment and then said. in a loud tone
"That is not my husband"
Henry YOungs was then put on th
witness stand. He identified the mai
VINO called himself Theophilus Young
as his brother and as the husband o
Mary J. G. Youngs. Early in August
he said, he received letter from hi
brother. asking him to meet him o.
August in the law office of +. g. Drak
in this city. He met his brother on tn
appointed day, and saw him often iron
that time to August "a. He identiie,
his brother by q popularity in the for
nation of one of his finger nails and Q
his lower teeth.
Sophia Youngs. q sister of Theophi
lus, also identified as her brother tn
man who called himself Iheophilu
| YOunps,--N. Y. Sun,