The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1896-11-16
Mr.. THORNTON'S MONEY
Al Brother of Mrs. Frank Mer-
RAM of This City,
Files a Suit to Overthrow Their
Fathers Win,
Owing to q Certain Clause Relating to
Grandchildren The Estate Valu-
ed at Fully a Million.

A suit has been commenced in kan
sas City in which Mrs Frank Merriam
Of Topeka is one of the defendants 1t
SIS a contest of one Of the clauses OF the
viii Of Mrs Merriam's father who died
two years ago. The report OF the con
test in a Kansas City paper says:
THE suit was filed in the circuit
court yesterday to determine whether
James T. Thornton, the millionaire
banker, who died in this City in the
spring Of 1894, had a. legal right to be
queath a large part of his estate to
grandchildren who might be born after
his death. The trial of the suit will
make q. great stir in social and legal
circles, because the Thornton heirs. who
are suing each other, are among the
best known people here, and because of
the peculiar point of law to be settled.
side.
"a law firm representing Miss Elean-
OF Thornton Mrs Charlotte IT. Zea, and
Mrs Bette F. Stevens, filed the suit
yesterday against James S. Thornton
and Mary F. Merriam, who have not Sc
Aected lawyers to fight their side of the
case IT the courts should decide that
A4r- Thornton had no right to give part
q his fortune to prospective grand
children, that decision would not affect
other bequests of the will among them
$4,000 given to support aged ministers
Of the Methodist church.
James z. Thornton was a private
banker who lived at Twenty ninth and
Iroost avenue. His wife died III March
1894 and the old gentleman was discOn-
ISOLATE at her death and had a pre-
mor1tion that he would soon follow
ner- he sent for his lawyers, John
son & Lucas, as soon as the funeral
was over and had them draw up his
will Two months later he died and left
q fortune estimated to be worth nearly
one million dollars The viii gave So
900 to each Of MI ThorntOn's five chill
dren- They were Mrs Bette F. Ste
vens of San Antonio, Tex, James S
Thornton, a cattleman Of San Antonio;
Charlotte Thornton, who later married
Edward Zea and lives now at the
coates House; Mary F. Thornton. who
arterVvard married a Mr.. Merriam and
lives at Topeka, Kan. and Miss Flea
nor Thornton, who lives with her mar
Tied sister at the Coates House The
Will gave $4,000 each to Mary Eleanor
Porter and Bette F. Turner, sisters of
Mr.. Thornton, and $500 to Pocahontas
Craig, another sister, and $1,000 to
WOOdfOrd Thornton, a brother. James
q. Thornton and Edwin K. Thornton
nephews, got 81, 500 each.
Mr.. Frank Merriam said, when asked
about the suit by q Journal reporter.
81 did not know that the suit had been
nled- / knew that there was a ques-
ton about the legality of the section
bequeathing the residue of the estate to
the grand children, and this suit is for
she purpose Of settling that question.
When Mr.. Thornton died about half
his property was left in trust for his
grandchildren and there has been a
question whether that clause of the will
IS legal or not. We are not interested
in the suit except that we are made
defendants SO that the action Of the
court may be binding. I shall repre-
sent Mrs. Merriam in the case
Among the property to be held in
trust for the grandchildren is a. q. 600
acre ranch in Texas and the Alamo
building IN Kansas City If a division
OF the property bequeathed to the
grandchildren is made it would give
each heir of the family about SIS, 900
5n addition to the s75. 900 they received
when the first division of the property
was made.