The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1889-11-23
THE COURT HOUSE.
General News Of the Courts and from the
County Onices.
NO LEGACIES.

NO LEGACIEs.
Timothy COrbett died on Oct. II. 1887.
In his Will, dated Feb. Is, 1884, he re-
cited that he was "a years of age, and
OF sound mind and memory, as every
mans will reads, Of course. But Mr..
Corbett, after leaving his aged wife a
third OF his SOacre farm and One-third
OF his personal property, left only IS
to Ann killelea, Maria Higgins, Cathe-
rine Wells, Bridget DOOley and Ellen
killelea, his five married daughters,
while TO Isabella Carey he gave $500;
to Timothy, one Of his sons, $1,000,
and the residue of the estate to Will
lam, John, Eliza and Margaret, his
remaining children.
William and John were named as ex-
ccutors Of the will and duly qualified
before the Probate Court. However,
when their mother had been paid her
third of the personal estate and the
expenses of her administration had
been settled, it was found that there
was no more personal property left,
but that the estate was indebted to
the executors to the extent of $40.99
Then the legatees who had been be-
queathed specific amounts began to
murmur. The will provided that
they should be paid within one year
Therefore, argued the executors, the
old gentleman evidently intended that
these legacieS should be paid out of
the personal property. The personal
property being exhausted they would
therefore be unable to pay any lega-
cies.
Final settlement was had in the
Probate Court on Monday, and now
the eX-eXecutorS, in order to satisfy all
concerned. file bill in chancery ask
ing for partition, leaving the ques-
ton of the payment of legacies to the
court. Mayo & Widmer.
DISCRETION.
The general number is on the dock
ct, but there is no title given the
case-only blank space where a title
may be written in. 1t is a case in
chancery, but mystery surrounds it.
But although no name appears, and
there is not the faintest trace OF a
pen mark upon the page, it is given
out authoritatively that a prominent
La Sale gentleman-pOinted out by
many as the handSOmeSt man in La
ty events, was deserted by his wife
some time ago, she ostenSihly leaving
her home to visit friends and rela-
tives. He recently received proofs that
she was abSenting herself with view
of procuring divorce. or course he
was angry, but great scheme unfold
ed itself to him. and he concluded to
apply for divorce upon the ground of
desertion. Neither the lady nor the
gentlemen are even suspected OF scan
dalzing conduct, and it is given out
that the lady could not accuse her
husband of too great a fondness for
drink. The case seems to be a Pc
culiar one.
The cases brought by County Attor-
'ney Moloney, under the Instructions
of the county board, against the 90"
|. V. & y. and X. & S. railroads to re-
cover Il fine Of $4,000 for failure to file
their schedules of property with the
County Clerk by May |, in order that
it might be assessed for taxation, were
decided on the points presented by the
Court yesterday. The decision was on
the motion to dismiss upon the ground
that the cases, being for the impOsi-
ton of a fine, could only he brought
by the States Attorney OF the Attor-
ney General. the fines being, payable
into the state treasury. The Court
in sustaining the motion to dismiss
held that the county board exceeded its
authority in employing Mr.. Moloney
to bring the suits, having no more au-
thority in the matter than any other
civil body.
Mr.. Moloney was granted 60 days
time in which to prepared Dill OF eX-
ceptiOns, on appeal.
The attorneys for the defense in the
other tax suits, having taken like
position, hope for similar decision.
The case of Margaret Richardson V.
the c., Il. |. & p. r. II. Co., suing for
damages for injuries received when a
passenger on freight cabOOse, was
continued.
THE KILMER CASE.
The plaintiffs claimed that kllmer
had been insane for over forty years,
and that when the deeds, conveying
nearly all of the estate TO the younger
children, were made, Kilmer was un-
fit to do business.
The first witness for the defense
was James Latimer. He testified that
he had known Kilmer for many years,
and that, until about four years ago,
he had always been of sound mind.
John w. Oleson had rented land OF
Kilmer from 1916, to 1883, and cOnSid-
him of sound mind until his Hines,
five years ago.
ID. w. Conard. had sold wheat to
Kilmer and had thought him sound
of mind until four or five years ago.
Mrs. julia Walls had known him
both in Illinois and New York and
had never. until of late year, seen any
thing wrong with his intellect. Mrs.
Kilmer told her, two years ago, that
she and her husband had divided up
their land.
Amos Lawrence had known kilmer
for many years. He thought him
perfectly sane until recent years.
p. A. Rutterfield had kept a grocery
store at Marseilles, kilmer and his
wife had traded with him. He had
always thought the old gentleman a
close trader until four years ago.
The defense closed its case at the
adjournment on last Wednesday even
ing, having introduced twelve wit
nesses during the day. The day.
testimony was very important, most
of thu witnesses heinp men with