The Pulaski citizen. [volume] (Pulaski, Tenn.) 1866-current, 1888-07-12
The Rodes-Riyers-Atchison Lawsuit.

1uduCellOF AUeIudGuy duu j III
were occupied all last week and up
to Monday afternoon in trying per-
haps the most remarkable lawsuit
ever determined in Giles county
The case is styled Tyree Rodes ct
al vs.. John B. Atchison ct al. The
plaintiffs are the sons and daughters
of the late Robert Rodes-Messrs
Tyree, Frank and Robin Rodes of
Nashville, their sisters, Mrs. Smith
and Mrs. Hunt and the h1ebands OF
these ladies. Mrs. Smith lives in
Arkansas and Mrs. Hunt in Mis-
soari. The defendants are William
Rivers and his sisters, Mrs. Carter
and Mrs. Bate and their husbands,
Mai. Carter and DIR. Bate, of this
county, and John B. and Clifton
Rodes ktchigon Of Nashville.
| The facts are that in : 1858 Tyree
Rodes, sr., died at his home 4 mile
south of Pulaski, leaving a widow,
Mrs. Lizzie Rodes, and a son, Cliff.
ton Rodes. He had one brother,
| Robert Rodes, and one sister, Mrs.
! Myra Trotter, mother Of William
Rivers and his sisters, whose first
husband was a lawyer at this bar,
John H. Rivers. Tyree Rodes' es-
tate was wound up in the chancery
court by his wife as exeeutrix un-
der a will written for Mr.. Rodes by
Judge Jones. Mrs. R )des died in
the fail of 1885. This will made
certain provisions for Mrs. Rodes
and devised and beaueathed the
properly to Clifton Rodes, his son,
with the limitation that should
Clifton die under 81 years of age,
unmarried and childless, the prop.
erty should descend to Rob't Rodes
and Mrs. Trotter equally. Robert
Rodes- died in October, 1887. Mrs
Trotter died soon after the war.
Matters so stood until Cliff. Roles
died in June, 1887, at the age Of 81,
childless, having never married. He
owned at bis death abont. two
.uirus of the land his father lef,
him, having sold off the remainder
The land is $40 acres comprising
his hone PLACE below town.
Before Clifton Rodes died bt
made a will whereby he left r.
hulk 30 =
=, us estate to John B. an
: Clifton Rodes Atchison, who wer
his first cousins, being his mother
nephews, just as the Rodeses an
Riverses were his first cousins, be
ing his fathers nephews. Soon at
ter he died Mr.. Robert Rodes, hi
e uncle, began a contest over his wi
: and this is now pending in the cir
cult court.
After Mr.. Robert Rodes died i
October, 1887, the present bill wa
fled in the chancery court by th
: plaintiffs, his children, alleging tina
:. Clifton Rodes had no light to max
any will and that the property ws
willed to them, the children of Rol
ert Rodes, by Tyree Rodes, ST., the
, uncle, in the event of Clifton
death, unmarried and childless,
the exclusion of their Rivers XII
. the children of their aunt, Mr.
Trotter, and to the exclusion
= course of the Atchison boys, WI
: take under Clifton's will alone.
In other words the bill was file
= to set up what was alleged to be
. lost will of Tyree Rodes, ST., allie
r. ing it's loss during the war. tt
!, issues tried by the jury were two:
!" "1st. Is exhibit A to plaintiffs bill
- substantial copy of the lost will al
y testament of Tyree Rodes, dec'd?"
''2d. Has any such lost will and te
lament of Tyree Rodes, decd, been d
stroyed since the death of the testator
of The verdict of the jury was:
le "We, the jury, find all the issues
u favor OF the defendants"
- 1t has been a matter of very GEL
~ eral comment during the trial th
: not often are twelve as intellige
i, men put in our jury box as the ge
Ia tlemen whose verdict ended til
suit. They are John L. Brownie
NJ. C. Magee, Ed. F. Harwell, M,
rift Eslick, ST., M. M. Condley,
IS, NJ. Ezell, R. W. Morley, F.
IS, Cant, W. r. Moore, j. F. Wilson.
IS. This unhappy litigation is one
*, the results of the civil war. N
rs. rauding soldiers destroyed all G
OF court records, including the will
an Tyree Rodes, decd. The OIL
is thing relating to it in the shape
cd an official document that surviy
the war was an old moth-eaten C
titled copy, which was a copy
!, the Jones will. This was found
Of Mrs. Lizzie Rodes' papers after
,rd own and Clitton's death. The IL
the was a long and arduous one.
in Chancellor Alternately override
motion for new trial and rende
Judgment on the verdict, dismiss
the bill and taxing the plain,
t. with the cost. He gave them t
IN to prepare and tender their bill
3rd exceptions. The property invof
'ose is worth about $25, 900.
ing. The contest over Clifton Rot
Or will in the circuit court remains
en- yet undisposed of. The style
r. that case is John s. Wilkes, e1