People's voice. [volume] (Wellington, Sumner County, Kansas) 1890-1917, 1894-09-07
Wasted Talent.


slty of the election of Mai. Levi Fer
guson over Lyman Naugle for probate
Judge could be given than an Incident
which occurred within the past two
weeks. 4 man willed his real estate
to his wife and children" without
naming them. An administrator was
appointed and in the distribution of
the estate Judge Naugle ordered it
paid over Ito the parties entitled
thereto as their interests may ap-
pear" but made no finding or order
at any time who we're the children OF
the deceased or who was entitled to
the estate. People who pretended to
be, and probably were, the heirs, sod
the land and decided it. The pur.
chaser attempted to sell a short time
since when the question arose as to who
were the children OF the original
owner who made the will. The rec
ords of the probate court were re-
sorted TO in vain. Naugle probably
had done the best he knew, but did
not know the effect or bearing OF
the orders he was making on land IT,
ties. There was a hole in the title
That an army supply train could be
driven through. The purchaser was
compelled to give a $500 bond with
good suretieS. the liability upon
which will continue many years be-
fore he could make the sale. With a
lawyer as probate judge such Omis-
SlonS would not Occur.-Sumner
County Sun.
The party who bought the ABOVE
land last week employed the editor Of
the Sun to examine the title, but be-
fore he got through, we suppose, he
becameincredulouS as to his ability as
a lawyer and on the day following
employed W. W. Schwinn. Mr..
Schwinn examined the title and pro-
nOunced it faultless. The grantors,
however, volunteered to put upa bond
as stated above, and the purchaser,
of course, accepted it.
1t is the custom in the probate
court to make finding as 10 the
heirs at the time the petition for the
administrator is filed. This petit
tiOn always gives the names Of the
heirs Of a deceased person and is
sworn to. The court then makes a
finding that the allegations and
averments in said petition contained
are true" In this case, the petition,
giving full list Of the heirs was duly
filed and sworn to and set out at
length on the Journal, but the "6nd-
ing" clause was omitted. This was
before Judge Naugle's term of office
began, however. and this particular
journal entry was not even made by
Judge Naugle" as a clerk. SuppoS-
ing that the usual journal entry had
been made, Judge Naugle" did not
vary the rule in his final journal en-
try. Mr.. Schwinn looks upon the
error as purely technical and incOn-
seQuential, and informs us that Judge
Herrick passed on the same title here
tOfOre and reached the same result.
There are few attorneys in yelling
ton who have not some time or other
had Oyersights corrected in their pa
.pers by Judge Naugle" and many
blunders saved them, and it is a a
little strange that so small matter
as the one referred to should be
heralded to the public as an evidence
of his inetficiency. 1t is a great pity
that the people of Summer county
allow such rare official talent as is
lying around loose in the Sun Office
to 60 to waste. From some cause
they do not appreciate real, first
class talent.