The morning news. [volume] (Savannah, Ga.) 1887-1900, 1894-12-20
jumping A TOMBSTONE CLAM.
4 Remarkable and Unprecedented Law
Case in Michigan.


Lansing, Mich. Dec. u.-Andrew Ian
genbaeher, who died ten years ago, was
for many years one Of the leading German
citizens OF Lansing. He was prominent
in business circles as proprietor OF the ex-
tensive Pearl mills at North Lansing. For
several years before his death he was in
poor health, and his business was man
aged by his son Andrew, who subsequent
y became administrator Of the estate. The
elder Langenbacher had been three times
married. His first wife, by whom he had
three children, including the son Andrew
died in Ohio and was buried there twenty
years ago. The second wife cuts no fig
ure in the controversy which is now en-
saging the attention of the courts. The
third wife is stin living as his widow, and
II Is between her and the TWO daughters
Of the first wife that war is now waged
Several months previous to his death
the elder Langeubacher decided 10 have
family tombstone placed on the family
lot in Mount Hope cemetery. He ordered
it from local dealer. but there was some
delay in securing just such stone as was
wanted and it arrived from the quarries
after the old mans illness had reached
such a stage that he was unable 10 tran
sact business. For this reason nothing
was done about having it inscribed until
after his demise. 1t appears from the tes-
umony adduced, however, that during the
closing days of his life he conversed with
his wife and son about the inscription, and
asked the wife if she would object to hav-
ing her name cut on the stone, leaving a
blank space for her age and the date of
her death. She consented TO this, where
upon he directed his son Andrew to order
such q frcorfraffou NNifr1aceea n Aaeff-
fed that after the fathers death the son
Andrew who was named as the admins
traitor Of his fathers estate in the latter's
Will, spoke to his stepmother of the con-
versation above related, and asked her if
she was still willing TO give her consent
to having the monumentEnscribeda as men
toned, at the same time impressng on
her mind that il was her husbands wish
that this be done. AS she was still willing,
he, as administrator, had one Of the faces
Of the monument inscribed as follows:
Barbara beloved wifd of Andrew Ian
genbacher, died -, aged - years" An
other face of the monument bears the
name, date Of death, and age of the old
gentleman.
1t appears that the name of Langen-
bacher's first wife was also Barbara, or,
rather, Maria Barbara although the tes-
timony shows that she was always known
by the name Barbara and that il was not
until dLAEL llAGAI lalneE $ UeaIn THESE
daughters-Mrs. John Eichele and Mrs.
Frank Parmelee-decided to bring their
mothers remains from Ohio and bury them
beside those of their father. 1t was while
making this transfer, they say, that they
for the first time learned that her name
was Maria Barbara. Having safely de-
posted the bones in Mount Hope Gene
terry, the daughters concluded to complete
the unfinished inscription on the monu-
ment by making it perpetuate the memory
Of their mother. Accordingly, they pro-
cured the services of marble cutter and
instructed him to cut the name Maria"
above the word Barbara" and gave him
the date of death and age of the first Mrs.
Langenbacher, with instruction to cut
them in the proper blank spaces. The ar
tisan had proceeded with his work only
far enough to have outlined the additions
when he was compelled to cease his labors
by the service of an injunction sworn out
by the present Mrs. Langenbacher
In addition to the testimony, which tends
to show that the old man intended the
monument to perpetuate the memory Of
himself and the present Mrs. Langen-
bacher, it was shown that Andrew, who
is now dead, knew that a family record
kept by his father, and with which he was
entirely familiar. contained the date of
death and the age of his mother, the first
wife, and that, had he not known that as
was to perpetuate the memory of the third
wife on the monument, he could readily
have secured from that record the data
with which to fill the spaces left blank
by his order. The court intimated at the
hearing that there was no doubt that the
old man meant to have the inscription left
incomplete TO await the death of his
widow.
Conceding that the court properly inter
preted the intent Of Mr. Langenbacher.
the question involved is purely one of law
and is most unique and interesting. The
stepdaughters who object to the monument
perpetuating the memory of the widow
make the point that as the latter accepted
the provision made for her in the will,
which did not include the cemetery lot,
she has no interest whatever in this lot,
and that the lot belongs TO the heirs, who
have sole control of it and its appurte-
nances, including, of course, and partic-
ularly, the monument. On the other hand,
Mrs. Langenbacher's attorneys claim that
as the monument was purchased by their
clients husband to perpetuate jointly the
memories IF himself and is widow, the
latter has the absolute right to protect
her interest thus acquired, in the monu-
ment to the extent of seeing that the
proper inscription is duly made, through
her executors, and, furthermore, that she
has the right of sepulchre on the lot. -
Circuit Judge Parson, before whom the
hearing was had and the arguments made,
said in conversation with the Record cor
respondent last week, that the case was
one of the most perpleXing he had ever
been called upon to decide. Cases of this
nature are so rarely encountered that there
is very little law on the subject This
was a difficulty which the attorneys in the
case encountered when they were prepar-
ing their respective sides Of the case. So
far as has been ascertained, courts Of
upon but one or two cases which are in
any sense kindred to this one. There is
but little doubtthat whichever way Judge
Person decides the matter will be appealed
to the supreme court, as the parties to the
case are well to do, and are determined in
their warfare.