St. Paul daily globe., 1891-05-10
Tim COMES ON TOP.
d Decision Reached in the
Suit Over the Robinson
Property.
Judge Kelly Says Young
Glassford Is Entitled to
His Share.
An Interesting Decision Con-
STRUNG the Mechanics
Lien Law.
Yesterday a Lively One in
Court and Big With
Decisions.

When Marion B. Robinson died some
months ago leaving valuable real estate
In st. Paul, her sister and other heirs
claimed the property, part Of which is
lot near the Lumber Exchange on
East Seventh street, valued at $40, 600.
Among the claimants was Timothy Ii.
Hlassford Jr., who asserted that he is a
son Of the late Timothy II. Glassford,
brother OF Mrs. Robinson. Probate
Judge Morrison decided that young
ElassfOrd was not an heir to the estate
upon claim being made by Mrs. Rob
Inson's sisters that he was not
legitimate son of Glassford senior.
The matter was appealed to the district
court and Judge Kelly filed an order
yesterday reversing the Judgment of
the probate court and holdinggthat
young Glassford was born in lawful
wedlock, and consequently as an heir
Rt-laW OF Marion b. Robinson is en-
Titled to share equally with the sisters
of the late Marion B. Robinson in the
estate. The names of these sisters are
Catherine GlasSford Brant, Cynthia
Glassford Steele and Almeda Glassford
Kelsey. The evidence adduced in the
trial was quite interesting in character.
Judge Kelly reviews itin memorandum
filed and makes comment thereon, in
substance as follows:
While the evidence shows that
Timothy ii. Glassfoad 81. led disso-
lutte life and had relations with another
woman than the mother of young Glass
ford, yet the conduct of Sarah David
was not that of mistress, but that of
one holding higher claim, and the
conduct of the senior Glassford indi-
Gated that Sarah David (or Davis was
his wife, and many circumstances
in the case point clearly to
the fact of marriage, good in
law between himself and Sallie Davis.
True. no marriage ceremony is proved,
but he introduced her to his friends as
his wife and travelled in Europe with
her as his wife. She bore him a second
child, which died with her in childbirth.
He recognized young Glassford as his
son and pointed out to him his mothers
grave, shed tears Oh it and requested to
be buried beside her. The son was rec
Ognized in his will, and he was buried
beside the woman so claimed as his wife
Although her tombstone bore the name
of Ellen Davis it indicates that perhaps
the name may have been the work of
others than Glassford. 1t is proved by a
priest and other witnesses that Glass
ford Sr. was present In the Catholic
French church, ST. Peters, in Buffalo,
n. Y, when his son was baptized, and
stated that he was pleased to have the
boy baptized. The mother of the boy
was French woman, known i'll France
as David. but in this country as Davis.
She is at times known as Sarah, Salie
or Ellen Davis. Authorities are cited
to show the reasOnableness of the name
being known by DAVIS instead of David
in this country.
Judge Kelly says that if the burden of
proving his legitimacy was upon young
Glassford he would hesitate upon the
testimony to declare him illegitmate.
but he is presumed to be illegitimate,
and consigning the frailties of his
father and mother to the charity of
silence, and giving young GIassford the
benefit of the presumptions the law
wisely extends for the protection of the
Innocent, he does not hesitate to find
him to be the legitimate son of Timothy
GlaSsford and Mary Davis, his wife.