Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1899-12-04
CONTEST FOR An ESTATE
Final Hearing Of the Controversy
Over the W. L. smith Estate is
Commenced.
nit is Brought in the Name Of the
Administrator to Recover Many
thousand Dollars.
Mr.. L. B Goodrich Made Defendant
to the Suit The Claims of
Both Sides.

Il
Mrs. L. b. Goodrich regarding the es-
tate OF the father of the ladies, the late
w. l.. Smith, came on for final hearing
in the district court today The trou-
pie has been in court for the past two
Years in various forms, but it is now in
shape for final adjustment, the present
action having been brought by the adj
lninistrator, Mr.. j. F. Meeker, against
Mr.. Goodrich.
The suit is to recover large amount
of money alleged to be due the estate
by Mr.. Goodrich. Mr.. Smith died in
November, 1897. leaving u large estate.
consisting of moneys, mortgages ane
farm lands. Prior to his death steps
We're taken to place the property in
such shape that a division could be
made between the two heirs, Mrs
I Goodrlch and Mrs. Moore, without carr
| fying the matter into court. After Mr.
Smiths demise division was made
each OF the daughters receiving about
*5oO0O as her share. Soon after the di-
VISION was made suit was commenced
IN the federal court by Mrs. Moore and
! her husband, George r. Moore, against
/ MI and Mrs. Goodrich, the claim benl
1 that MIR. Goodrich, as agent for Mr..
/ Smith in his life time, had converted /.
large amount OF the funds to his own
credit and that an equitable division
mad never been made. This suit never
came to trial. but the matter was taken,
| up In the district court of this county.
resulting finally in the appointment by
the court of Mr.. j. f. Meeker as adj
mlnistrator and an authorization of the
present suit.
| The suit is in equity and is therefore
being tried to the court. Judge Burn
ham heard the opening statements OF
[ the attorneys this forenoon and the.
taking of evidence is in progress. The
attorneys for Mr.. and Mrs. Moore claim
that a number of years prior to Mr.
Smiths death he transferred 10 Peter
Cooper, of Illinois, nearly $4,000 IN
notes and mortgages, without consid-5
GRAFTON and for the purpose of avoid
| ing taxation in this county; that after
Mr.. Smiths death MIR. Goodrich. who
had been given power of attorney by
his father-in-law, secured the return of
these funds, to the amount of s32. 900
and interest, but has failed to turn
them over to the administrators. An at
tempt Will be made to also
snow that an accounting has
not been made of IA num
Der of individual transactions. in which
MI. Smiths mortgages We're cancelled
and then made in Mr. Goodrlch's name,
and that in the transfer of the property
Ito Daniel r. Smith, of Wisconsin, and
Laura a. Goodrich. to effect division.
ione mortgage for $4,000 was not turned
over to the estate.
The defense will admit the correct
ness OF some of the allegations of the
iplaintitf, but denies that one cent has
been withheld by MIR. Goodrich and
that everything belonging to the estate
has been accounted for by Mr. Good
lrich. The defense says it has evidence.
to show that the Peter Cooper loan was
bona fde, that MIR. Goodrich did NOT
have the handling of Mr.. Smiths bust
ness affairs, even after the latter re-
moved to Columbus, o., to reside. but
that he returned here on an average of
every three months to look into hts
business and was kept fully advised of
its condition, and that Mr.. Goodrich
is able to account for every dollar that
came into his hands through either the.
Cooper or ID. F. Smith transactions and
all others. The defense sets up the
claim that Peter Cooper is a man Il:
yeare of age, is not an intellectual be-
ing at the most. and for the past TWEEN
ty-five years has been given to :ntoxi-
cation; that his showing when suit was
brought by the city a number of years
ago TO collect taxes against the Smith
este that the mortgages We're bona
tide was the best evidence, no matter
what he may say at the present time;
that his deposition which will be intro
duced, contradicts itself at least three
times and is therefore of no value in
the present case.
The hearing will last three or four
days, as twentysix witnesses have
been subpoenaed, including many
farmers from State Center who had
business dealings with Mr.. Smith. and
several people from. other places. Depo-
sitions from Peter Cooper will also be
presented iii evidence. Besides the sew
eral local attorneys who appear in the 4
case there are several from Des
Moines, including Judge Spurrier and
his partner, Mr. Maxwell, and Mr.. Nat
Guernsey.
OTHER COURT MATTERS.
The case of Henry Flammkamp VS..
Henry Altmier, suit for the removal of
a guardian, did not get to the Jury S
hands. The plaintiff went on the stand
In his own behalf and demonstrated to
the court that he needed guardian He
said he did not know what he was do
ing when he signed an agreement to his
Wife securing a divorce, and did not
know that he had agreed to give her ST.
600 worth of property. The defense in
troduced no testimony and Judge Burn
ham took the case from the jury's hands
and allowed the guardianship to stand.
A suit in attachment has been COM
menced by John F. Geyer against James
S. Williams, on note for s175.
Annie Grain has filed petition for
divorce from James *. Grain, on the
grounds of desertion and cruelty. She
asks the custody of three minor chill
dren.
RHODES CASE UP TODAY.