St. Paul daily globe., 1896-03-04
CLAIMS HIS MONEY
AN HEIR SHOWS UP AFTER HAV-
ING BEEN ABSENT SEVEN
YEARS.
NEARLY $4,000 WAS HELD.
A SISTERS FUTILE EFFORTS TO
GET HOLD OF THE BROTHER'S
DUCATS.
LARGE
SALVAGE.
ELEVATOR
Thousands of Bushels of Wheat
Saved-GeneraI News of Minne-
apOlis.

The courts Of Hennepin county have
many stories that in the rush OF litiga-
tion miss the public eye, and none Of
these are more remarkable than the
story which came to light recently in
the sudden appearance of a man who
was long supposed to be dead, to claim
an estate in the probate court.
James b. Smith at one time was a
dealer on commission row, and had
quite business. He had a family of
wife and two children, and his trou-
bles began when his wife became i'll.
He was obliged to send her to Chicago
for treatment, where she went, taking
one of the children with her, leaving the
other in Minneapolis with her husband.
| One day Mr.. Smith received word that
his wife was past hope, and he went to
Chicago to care for her. While he was
there he was taken i'll from an attack of
pneumonia and died, the wife passing
away about at the same time. He had
a sister in Chicago, Mrs. Hannah Bing-
ham, who filed a petition for the pro-
bate of his will in the Hennepin county
probate court, asking that Lewis K.
Hull be made executor
The Will was contested, and Judge
Donahue was appointed administrator
| after the will had been set aside by a
decree Of Judge Corrigan. The prop
erty was valued at about $1,000. and
the administrator cared for everything.
The other child died, and a lot was
purchased at Calvary cemetery, Chi
cago, where all We're buried, a child on
the breast Of each parent. After set
Ting up everything Judge Donahue
had $4,000 left, but he wished to have
1a11f -. fx,;0 4
which would cost $500. This he could
not justly put out as an expense that
the probate court would allow, so he
asked the sister, who was the only
heir, to allow it to be DONE She per-
emptorily refused to stand the outlay.
Judge Donahue went to Chicago to
try to have her change her mind, but
she would not do so.
Very WELL" said the attorney. then
you can wait seven years for your
money
The sister was informed that as
there was brother, John F. Smith,
who was reported to be dead, but who
perchance was only missing, the courts
would allow seven years to elapse in
absence before an heir was legally
dead. He might pay the estate over
to her, of course, and the court would
ratify it, but he~had the right to wait,
and he did so. The attorney came
back to Minneapolis, where he was
besieged by a banker, who wanted him
to place the money In his bank. Judge
Corrigan having kept him posted upon
the fact that the money was in trust.
The attorney would have made the
deposit and lost the money for the
sister. but he wished to be relieved
of the trust,and so insisted upon Judge
Corrigan signing an order making the
Minneapolis Trust company trustee.
This was done, and then the attorney
advertised for the brother in papers
all over the country.
Three months after the missing
brother dropped into the office of the
| attorney one day and proved his
! identity. He secured the estate. and
although the sister contested she lost
1T finally. 1t is reported that John F.
Smith lost or used up the money. in a
| few months A brother-in-law OF
Ihomas j. Smith finally erected a
monument on the Calvary lot at his
own expense.