The Cape Girardeau Democrat. (Cape Girardeau, Mo.) 1876-1909, 1891-09-05
In the Circuit Court.

In the Circuit Court.
The csse of +. W. Young, ct al, VS.
VIM. Byrd, Adm's. of Henry c. Ken
dali estate, late of this city, that Ia
awakened SO much interest in thu
public mind, came up for ~re-hearing
in the Circuit Court, on appeal iron
Probate Judge Koehler.
The large sum Of n.oney involved
and the peculiar wording of the will
made the case interesting, as no case
involving the same questions had ever
been passed upon by u superior
courts, and it therefore received more
careful investigation by both Judge
Koehler and Judge O'Bryan than i.
usual for those Judges to bestow upon
such cases.
The facts briefly stated are about
these: Mrs. Kendall, wife of the de-
ceased. received money from her
fathers estate. and other small Legal
cies of n like nature. which EeS hEs-
band, Henry c. Kendall, during COW
erture, converted to his own use, as
was shown by the assessors books
and other testimony. No property
being assessed to her during his life
time.
At his death he willed all his real
and personal property TO his wife for
her sole Use and benefit during her
natural life" and at her death the
property 10 90 TO the children OF
Sarah Young. thus creating : trust,
and making sis widow the trustee for
the use and benefit of the Young
children, doing indirectly that which
he could not-under our laws-do di-
rcctly, that Of creating an estate en-
tail.
Mrs. Kendall. rftcr the death fiber
husband. failed to administer. took
charge of the property and managed
it as her own. collected some of the
outstanding notes ard interest and
fe-loaned it in her own name.
At her death. her administrator in
ventoried those notes and the cash on
hand as her individual property,
amounting in the aggregate to SiiS9,
which sum her administrator pro-
posed TO pay over to her individual
heirs, hot the legatees under the will.
TO these proceedings the children
of Sarah Young, lesatees under
Henry c. Kendalrs will objected. ami
Kochler. after long and careful
investigation, sustained; ruling that
the limitation in the will. viz. during
her natural life created a trust, and
all the property that came to heS drr
ing cOvrrtfre was convertible, and
by Ecf late husband, wholly
celebrating her individual estate
therein. and that she only held the
property in trust for the use and ben
eft of Sarah Ioung's children.
From this decision Of the Probate
an appeal wsc taken TO the
Circuit Court.
After giving the case tie consider
alton lis Importance demanded, Judge
O'Brva1 fully sustained the judgment
Of the Probate Judge, even going
and rendering judgment fort
two hG.,drcd dollars mere than the
Probate Judge, which suhi Is to be
transferred from the estate of Ef,elia
Kendall. deceased, to the estate OF;
G. Kendall. deceased. thus re-
the legatgcs unle; The will to
rights in the premises.
In deciding this case Judge O'Eryan
gave new and ample proofof his abil-
iy rs a c~lcar-headed iawrer. His
analysis of the case. patient unrarel-
ng of the tangled skein, and his ap-
Ilication of ttc law to the facts, was
'eally Interesting and instructive, and
are safe in SAYING that no higher
;ourt will reverse his finding in this
important case.