The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1900-07-03
CHILDREN BREAK
FATHERS WILL.
John Gurski's Last Testament
Set Aside by Jury.
WIDOWS WILL GET DOVER
But the stepdsughter Will Lose $4,000 BY
The Decision In the Case-Agness
Connors Granted Divorce
Court News.

/
| Court News.
| 1t took the lawyers nearly week to
try the case for the breaking of the will
of John Gurski of jackson township.
and 1t took the jury all night to decide
the matter. But the will was knocked
out and the sons and daughters Of Ours
XII will get their fathers property while
the step-daughter will be left out in the
cold.
Gurski had left $4,000 to his wife dur
ing life and at her death 1t was to go
to her daughter by q former marriage.
The whole estate would not bring much
more than this after the costs were set
tied and 1t practically shut the children
out Attorneys Welty and Albaugh for
the children who wanted the will set
aside and Mr.. David Day and Judge
Fawcett for the step-mother and daugh-
ter argued the case nearly all day FRI
day and sent the jury out in the even
ing At first the jury stood to in
favor Of leaving the will stand. Then
the four got it turned Just the other
|
minority gradually came around until
$50 Saturday morning when a verdict
was reached and the will set aside. The
estate will be divided under the law.
The widow will get her dover but her
daughter will get nothing.
The jury in the damage suit of Peter
j. McCurdy against the Pennsylvania
| railway company arrived at a conclu-
sion and came into court with a verdict
\ at about $3.50 o'clock Thursday after
noon. They decided that the company
must pay McCurdy $3.50 for the loss
Of his thumb and two fingers.
GOT A DIVORCE.
! Attorney c. c. Upham came before
Judge Taylor Friday afternoon with
from Louis Connors. The husband made
no defense and after hearing the tes-
| timony the court granted a decree sep
arating the pair.
SUIT FOR MONEY.
Julia e. Winterhalter has commenced
suit against Amos Murphy for the col
lection Of the balance on a note
| ~. l..
c. c. Upham are attorneys for the
plaintiff.
TO FORECLOSE.
The Central Savings bank, through
Its attorneys, Baldwin e. Shields, has
filed suit in court against John and
Mary FELTON, for the foreclosure Of a
mortgage and the collection of notes
amounting to $1,0S0. George Hart Is
made party defendant to the suit. 1t
being claimed that he has some interest
in the property. He is asked to set up
an answer.
A NEW TRIAL WANTED.
Attorney Carey for the Pennsylvania
Railroad Co. has filed a motion for
new trial in the case of Peter J. Nc
Curdy against his company in which
McCurdy got a verdict for $3.50 for
damages on trial this week. The de-
fense claims that the verdict is not in
harmony with the evidence, that the
court erred, and that the verdict should
have been for the defense.
DECIDED THE WRONG LOT.
Attorney L. M. Jones, representing
the heirs of Philip RimmeI, came be-
fore Judge Taylor Friday afternoon
property at the corner of Mckinley
avenue and Second street known on the
map as lot No. 256. Away back in 1887
Philip Rimmel bought this lot from
John Shoemaker and got a deed. In
making the deed, however, a mistake
was made and instead of writing it lot
256 1t was written lot 25S. No one ever
knew 1t though and Rimmel died in
He 60 H. s,t, 1s-1
place in the house had had built until
recently the property was sold to Mr..
Davis who started to build some houses
on the lot. When it come to making an
abstract it was found that Rimmel had
never had deed to lot 256 at all. Lot
25S had been sold and decided to some
one else and he could not claim that
and he had no paper title to lot 256.
The court was appealed to to rectify
| the mistake and on the ground of un-
disturbed possession for SO years and In
view of the fact that the deed origin
ally made had been a mistake, the
court quieted the title.
SUES FOR HOUSE AND LOT.
Drusie M. Slower has commenced suit
in common pleas court against Eliza
beth Quinn. The plaintiff says that the
| derendant has taken possession or the
house and lot of the plaintiff known as
lot No. 1473 in the city Of Canton and
refuses to give 1t up. She says the
defendant has already collected $55 rent
and will collect more unless stopped
Plaintiff wants an injunction to stoI
the defendant from collecting any more
rent and an order from the court quiet
ing any claim the defendant may sci
up to the property. Clark, Amber 8
Clark represent the plaintiff.
WILL DECIDE LATER.
The suit of Kaufman against Glib.
bons ct al was finished to Judge Taylor
Thursday afternoon and the lawyers
went home to Cleveland. Some more
authorities are to be cited by some o.
the attorneys and the court will no
hand dowE his decision for some time
HARD FOUGHT CASE.