Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1897-12-05
THORNTON WILL Is UPHELD.
PROPERTY CAN BE BEQUEATHED
TO UNBORN CHILDREN
J.dge sIover's Decision Costs the
Five Children of the Late James
+. Thornt0n S75,OOO Each
Grandchildren Get Hall.

Judge Slower yesterday sustained the VIII
of the late James T. Thornton and thereby
transferred the possession OF $4,000 worth
of property from the five children Of the
testator to the children, born and unborn.
OF Mr.. Thornton's children. Judge Slower
held that property can be bequeathed TO
unborn children and that property SO De-
queathed can be e~quitably divided.
Mr.. Thornton left $3.50 BOO each to his nve
children. James s.. Thornton. Charlotte
Thornton. Yea, Bette Thornton Stevens.
Mary Thornton Merriam and Eleanor
Thornton Evans. The rest OF the estate.
roughly estimated to equal in value that
left to the children. was left to the grand
children. born and unborn, OF the testator.
dren. and one Of the daughters. Mrs. Stey-
ems, has four children. Mrs. Merriam,
Mrs. Zea and d. Mrs ! n,a Eyans w are c ihs snit
tie T. Stevens and herself. But she was re-
emily :. married Ssr Fsar to Gs @sSs a w nar Eya defe aaa
ant. Mrs. Stevens and Mrs. Zea thus sought
TO have the will sustained, while James S.
SOUGHT to break the viii. II this could nave
been accomplished, the portions left to the
grandchildren would ave been divided be-
the interest OF each child to have the win
the whole estate and the grandchildren
their TSiro parents aage Dee The aei VIII H. hoe how e e was re-
markable in that 1T made provision for the
grandchildren against possible tmproVldence
on the part of their parents.
James s.. Thornton, having children, was
arrayed against his fathers will. while Mrs.
Stevens, also having children, wanted the
will sustained. Mrs. Stevens children will
be benefited by sustaining the will, while
James 8. Thornton's children will be equal
ly benefited, though he wanted the wiil
broken and himself to receive his chidrens
share. q
On the other hand, Mrs. .Zea. having no
children. though she would receive one-iifth
OF the entire estate IL the will was broken,
wanted her fathers will sustained. Mrs.
Stevens had children to be benefited by the
sustaining Of the will.
conflicting family contentious. Some OF the
children were c~ontending for their own
against their children's interests.
The residue of the estate consists of a
large ranch in Texas. the Alamo building
at Seventh and Delaware streets in this
ty-ninth and Forest, this city.
Each child has received his or her $1,000
Of Judge Slower the residuary estate viii be
Oldest Sias cs Esashss q; majG ,bt! d 4 !, amy IN hid
share goes to the children of the survivors.
II any grandchildren are born after the d.
vision, the estate Is to be reopened and the
grandchildren who have received too much
must repay to the grandchildren the share
to which the latter are entitled.
The Texas courts recently sustained the
will and Judge Slovers decision was in
line with that decision. The plaintiffs, who
wanted the will sustained, were represented
by johnson & Lucas. The defendants. who
by Warner. Dean, Gibson & Mcleod, and
E. w. Taylor. Mr.. Dean handling the case.
The Thirteenth clause Che Clause in dis
pute) OF the will should be construed so
that each grandchild o n attaining its ma
5ority could obtain his share of the estate,
and II another child should thereafter be
born to Its parents the estate SO partitioned
and divided SHOULD open up to let in on
was evidently the intention of the testator
and such intent should be carried out by
the court The question Of removal of the
trustee will be deferred for further con-
eideration."