The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-02-14
JUDGE WILLRICH INTERPRETERS THE
TLME-HONORED STATUTE In
THE HILL CASE.
HIS LIVING UNCLE AND AUNT
OF THE VENERABLE ARCHAIC
OLOGIST.
RULE IS MEMORABLE.
The Judge Insists That It's Pro-
visions Could Not Set Aside by
Supposed Equity

Alfred J. Hill, the venerable arch
aeologist, who died in ST. Paul
eighteen months ago, left an estate
valued at $4,000, but left no will.
Neither did he leave any family, as he
was bachelor. But a few relatives,
who survived him, nearly forty In
number, engaged in a scramble for
his money, which terminated in the
probate court. After hearing all sides,
Judge Willrich has rendered a deci-
sion awarding the entire estate to
the sole surviving brother and sister
of the intestate's father. The others
must wait for the shoes of some nearer
relative, who has accumulated assets
that don't count in the next world.
The fortunate paternal uncle and
aunt Of Alfred J. Hill are jeremiah
Hill, a resident Of White Church, York
county. Ontario, and Mrs. Elizabeth
Hill Try. who lives in Liverpool, Eng
land. These two old people are the
sole surviving brother and sister of the
intestate's father, John Reid Hill, who
departed this life April 10, 1854 Mr..
Hill had five sisters and seven brothers.
but four Of these sisters and six of
these brothers died before the decease
of Alfred ]. Hill, the intestate. Yet
most Of them lived to a ripe old age,
for the records show that one of Mr.
Hills aunts was born in the eighteenth
century and died in 1915, before the bat
tie Of Waterloo. But these ten uncles
and aunts, who quit this sphere be-
fore their nephew, Alfred, left some
oh &rrya
wanted a slice Of their cousin Alfred's
estate. But these are not ALL
The intestate had a mother, whose
maiden name was Anne Burstall, who
died in London, England, forty-six
years ago this coming March. She,
too, had brothers and sisters, three OF
the former and four of the latter, all
of whom died before the intestate,
much to the misfortune Of their fifteen
children, who hoped to inherit their
cousin Alfred's property.
These thirty-siX cousins and surviv
ing uncle and aunt of the intestate in
habit all quarters of the globe, but
their thoughts have all centered on
st. Paul and it's probate court during
the past few months.
There is nothing romantic in all this.
1t remained for fair resident of st.
Paul to supply the heart interest. Her
name is Miss Kittie G. Smith. While
the hearing was in progress, Miss
Smith came into court and sought to
establish the existence of a will If
such testament could be found, Miss
Smith was confident that she would
be the principal beneficiary, for, at the
time of Mr. Hills decease, she was his
fancee. Miss Smith testified that Mr..
Hill had assured her that he had made
will in her favor. But no will could
be found and Miss Smiths proceed
ing was dismissed
Inc law regulating the distribution of
this estate is contained in subdivision
6, of section 4471 of the General Statutes
OF the state Of Minnesota This is the
first time that this particular provision
has been construed in this state, and
there are, it is said, only one or two
decisions in the entire country bearing
upon this point. This section of the
statute provides that where one dies
1ntestate leaving no husband nor wife
nor child, no brother nor sister, father
nor mother; the estate shall go to the
next of kin in equal degree.
The question for the court to decide
was, does the statute mean that the
estate shall go only to the nearest of
surviving kin of equal degree, or also
to the children Of those nearest Of kin
who died before the decease of the in
testate. In other words, were the child
rem of intestate's deceased uncIes and
aunts, paternal and maternal entitled
to share in his estate? Judge Willrich
has decided that the words nearest
Of kin" as employed in the statute
mean those Of equal degree living at
the time Of the death Of the intestate
and not the descendants Of those who
are dead, for they are one more degree
removed, that is, not of equal degree.
Judge Willrich explains in his memo
randum that the question of equity or
justice, cannot enter into the case and
that the court is compelled to follow
the letter of the statute which dates
back to the reign Of Charles III.