The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-01-30

ton, Burgess developed memory for
facts, figures, faces and localities, that
eXcelled that Of some of the attorneys
| IN the case. The court declared him
| qualified to testify as to occurrences
within his memory. He did so and de-
| clared that he never married Waters to
| Mrs. MintZer, and that the alleged GER
| tificate was not written nor signed by
| him. 1t was a forgery, he said. And
| that was the opinion of several experts
| called.
The material portion of the findings
| of Judge Willrich, after enumerating all
| the preliminary proceedings in the pro-
| bate court, and reciting the various OBJ
| jections filed by Joseph Waters to the
| application Of Administrator Cole for
| a partial distribution of the estate, is
as follows:
, That the Goth day of September, 1897,
| there was filed in this court notice of the
claim of Joseph Waters, addressed to the pro-
bate court of Ramsey county, Minnesota, and
to Hayden S. Cole, administrator of the
| tate of the deceased Anna r. Mintzer, and to
all other persons serving notice upon this
court, its Office the administrator and all
other persons that said Joseph Waters at the
time of the death OF said Anna r. Mntzer,
was her husband, and was such for a number
| of years next prior thereto and there being
no child or children or issue of such, that
said Joseph Waters claims the estate of said
The court further finds from the testimony
presented upon the trial of this cause and
from the records in evidence that prior to said
10th day of September, 1897 said Joseph
Waters failed in any manner to assert his
claim as husband of such deceased. That he
had notice of the death of said Anna R. Mint
ger, shortly after and no later than two weeks
after her death. That he failed to file pc
tition for letters of administration as such
husband, but could have done so being in the
county OF Ramsey, shortly after such death,
and prior to the time of the filing of such
petition being filed by said Sarah Solliday
That said Waters failed to be present at or
in any manner participated in the admins
trat1on OF said estate prior to said Sept. GOTH
1897, and failed to do so thereafter, excepting
only the filing of his said claim, and the
court finds.
That said Joseph Waters has not upon this
trial proved his said claim to be true by good
and sufficient evidence, but that from all of
the evidence produced at the trial. the court
finds the facts to be that the said Anna R.
Mintzer at the time of her death was not nor
that she ever was married to said claimant,
Joseph Waters.
As a conclusion of law, the court finds, that
said Joseph Waters is not entitled to the es-
tate of said Anna r. Mintzer any part
thereof, and has no standing in court, and
that his objection to the petition of said ad-
mln1strator for partial distribution based
on the ground that he is the surviving hus-
band OF said deceased, and as well as his
other objections, have no foundation in law
and must be overruled and the same are of
no effect. The court further finds that the
facts and allegations set forth in said petit
ton of said administrator are true, and the
persons named therein as heirs of said de-
ceased are her true and only heirs and en-
titled to the whole of her estate, in accord
ance with the law of descent and free from
any and every claim of said Joseph Waters,
said claimant as such surviving husband or
otherwise.
That said administrator has sufficient funds
In his hands to warrant partial distribution
to the heirs entitled thereto, and has the
right to make such partial distribution at
this time and before the final settlement and
distribution of the estate.
Wherefore it is ordered and adjudged that
said Hayden S. Cole as administrator of said
estate, distribute of the assets thereof the
sum of ten thousand dollars, as prayed in his
said petition.
And 1t is therefore ordered and adjudged,
that said Joseph Waters is not the surviving
husband of said Anna R. Mintzer, deceased,
is not entitled to said estate or any part
thereof, and that his objections to the said
petition be and the same hereby over
ruled and dismissed.
The memorandum first discusses the
objections of the counsel for Mr.. Waters
to the jurisdiction of the probate court
in the matter of the partial distribution
of the estate. Mr.. Waters denied the
authority of the court to entertain the
petition of the administrator before the
filing of his final account. After dis
posing of this objection, the memoran-
dun continues:
The notice of Mr.. Waters, claiming to be
the sole heir at law of the deceased Anna R.
N;ntZer her surviving husband. was filed
in this court on the goth day of September,
1897, or about ten months after the death of
the deceased, and after proceedings for adj
ministration were commenced. The claim
was not sworn to by the claimant, though
signed A notary certifies that on the 18th
day of September 1897, personally came before
him Joseph Waters, and he acknowledged
that he signed and executed the notice and
claim. The omission of the oath, under the
circumstances, though rather significant was
not fatal to the sufficiency of the claim, and
the administrator and the court to whom such
notice was addressed were bound to take cog
nizance of it. When the claimant was placed
upon the witness stand, however the regular
oath was duly administered to him, and all
his testimony thereafter was given under
oath.
Under these circumstances the claimant, by
reason of his old age, hitherto unsullied name
and reputation, was entitled to receive the
utmost consideration at the hands of this
court and that the Importance and gravity of
his claim necessitated most extensive trial
At the outset it seemed improbable to this
court that an old man over eighty years of
age, and almost lettering towards his grave
should make claim to be the husband of
the deceased woman, and give such claim the
sanction Of his solemn oath, unless such was
the truth, and it was hardly conceivable that
such a man, of good character as far as
known. and following an honest calling.
should covet fortune unless clearly entitled
to do so, and should be willing to perjure
HlIlSelI anu run the rlSk OIL prosecution for
such crime for the sake of obtaining riches.
which no sooner obtained must again be re-
linquished and left behind. The court was
most reluctant to come to the conclusion that
Mr.. Waters manufactured his claim but after
most potent and thorough trial. where the
evidence was presented with mastery skill
apd with the utmost fairness by the learned
and conscientious counsel on both sides, the
court is driven to such conclusion by the ir-
resistable force of the testimony.
The claimant to prove his marriage to the
q fnCf tr,,4v