The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-06-27
GOES TO MRS. VOORHEES,
SHE WILL NOW RECOVER AN
ESTATE VALUED AT 100000.
End of Litigation Against the kier-
steds-Details of a Game Of
Whist I'm Evidence.

BY a decision In Cincinnati yesterday
Mrs. Mary voorhees,, of this city, will Sc
cure an estate valued at So 900. The litiga-
ton involved people well known here, and
a number of others have been familiar with
the contentious of both parties to the suit
A game of whist, the particulars of which
were introduced into evidence at Cincin-
natl, has been generally talked about In
this city. In 1892 Hezekiah Kiersted died
intestate at Cincinnati, leaving property
the va Tue of which at that time was sup
posed to be small. jeremiah Kiersted.
half-brother, was appointed executor, and
the settlement of the estate dragged along
for several years. Isaac Kiersted, of this
city, was another half-brother of the de-
ceased while Mrs. Mary Voorhees,, the
mother of Mrs. Abby ". Judson. also of
this city, was a full sister of Hezekiah
Kiersted. There were several half-ssters,
but under the Ohio law Mrs. Voorhees, was
the sole legal heir. as the brother died in
testate.
Mrs. Voorhees, is about seventy-five years
old and of late years her mental powers.
have been falling. She has made her home
with Mrs. Judson. In June. 1894, jeremiah
Kiersted, of Cincinnati. came to this city.
and, with his brother Isaac. called on their
half-sister, Mrs voorhees,. Although Mrs.
Voorhees, memory Is very poor, singularly
enough she retains an unusual interest in
this evening in question. Mrs. Voorhees,
taking a hand. Just before the Kiersteds
left, jeremiah took paper out of his pock-
ct and had Mrs. Voorhees, sign it. He ex-
planned to her. he claimed, that it was
to put all the brothers and sisters on an
equal footing in sharing the estate. Mrs
Voorhees, family had never believed that
the estate would amount to more than a
few hundred dollars. and ii was their i'm
preston that II was to be divided equally
among all the relatives. They were not
acquainted with the phase of Ohio law
which bars half-brothers and half-sisters
from participating where no will Is left.
When Mrs. Judson's sons returned home
and ascertained that their grandmother
had signed paper the contents of which
she did not remember they were indignant
1t seems that Mrs. Judson had been present
was not aware OF the full effect of the
act. A few days later Mrs. Voorhees, was
declared of unsound mind. and her nephew.
Charles L. Judson, was appointed guar
dian. He at once brought suit at Cincin-
natl &c set aside the power conveyed in the
document which Mrs. Voorhees, had signed.
This document practically transferred to
the half-brothers and sisters property to
the value of $4,000. in consideration of
lone dollar, love and affection" The es-
tate Is now worth about $4,000.
Judge Wilson. before whom the case was
tried, yesterday held that there was no
consideration for the agreement executed
by Mrs voorhees, by which the estate was
divided among all the brothers and sisters.
and gave her a verdict with costs. Evil
dence relating to the whist game played
by the Kiersteds and their half-sister was
introduced TO show that the old lady was
OF sound mind at the time. The brothers
proved that the entire family had been
raised together from early childhood and
that the affection of the dead brother was
equally shown TO them all. At one time
he drew up a will in which he remembered
an old retainer of the family Afterwards
~ ina
him. and, in the presence of his half
brother jeremiah, Hezekiah Kiersted tore
up the will. stating that his property would
thus be divided among the family without
a