The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1900-02-21
CLAIM NOT BARRED
Judge Haymaker Allows One
of Eight Years Standing
kGAINST BLACK ESTATE
Peculiar Case Involving the
Rights of an Insane Son.

A case, the like Of which has never be-
fore been disposed of in the probate court
Of this county, had judgment rendered
yesterday by Judge ]. n. Haymaker. Ii
is a claim made by Thomas Black. TIE
uncle and guardian of John Black, an
imbeci1e, against the estate Of the insane
boys father, deceased. The claim is
for 500, which John Black, Jr., borrowed
from his son eight years ago. The in
teresting point in the case was as to
whether the debt had run the statute Of
limitations CT not Judge Haymaker took
the claim under advisement, and finally
allowed the claim. In rendering his open-
ion, Judge .Haymaker said:
IN this case Thomas Black, as the
guardian Of gohn Black, files claim and
brings an action against the estate Of
William BIacB: for money received and
collected by hhe deceased for his son,
nearly eight years ago. John Black, the
son. is an adult, who has recently been
adtudged incapable OF managing his af-
fairs and for whom a guardian was ap-
pointed by this court
THE statute of limitations has COM
pletely rufl, and the claim is barred, IN
less the running Of the statute has been
prevented by some disability or other le-
gal means
1T appa rs from the evidence that
John Black has been incapable Of manag
ing HIS ara. rs for years back. His father
recognized this fact and never trusted
him in the management of any business
matters; gas e him no part Of the money
that John IN herited from his grandfath-
er's estate Canada, and treated him
in every way as non compos mentis. That
the father iEa ended to make some suita-
BILE provision for his helpless son is I'M
disputed, Mraf. Black, the widow and
stepu1other OF John testifyIng to this ef-
feet.
1.-THE 51ddeTi and unexpected death OF
the father. prey -enting the carrying out of
this lust meas IRE The court finds, as a
matter Of TACT that John Black was i'll
sane or of rms, Jund mind at the GATE the
father received the money from Canada,
hence under Disability. It is urged, how
ever, that as 2 guardian has only recently
been appointed, the presumption of law is
mat ne Was Ssisib5 Up ~ liieiL liIuG, u6IlCe
the statute has run.
1T is true that this presumption exists,
but it is a disp,Vtable presump Ion, and
may be overcome by evidence. The ad-
Indication recently made that ; In Black
Is of unsound mind is not conc hs.ve as
to the time he beca ne insane.
He may have be en- insane for years
before this adjudication, and the circum-
stances have been such that his condition
was not brought to the attention of the
court.
In such a case the verdict Of the jury
and the Judgment of the court would be
but a confirmation Of the continuance Of
his unfortunate condition. It my be
claimed that such a holding as in this
case opens the door for fraud and would
permit the question Of transactions long
since deemed settled to he opened anew.
This IS true, in a measure. But every
case Of the kind mast depend upon its
own circumstances. IF @ person deals
with another who is incapable If trans
acting business. and that fact is patent
then he does so at his peril. Il no adj
vantage is taken. there would be nothing
gained in setting aside the transaction
IF any undue advantage was taken. then.
in the interest Of justice, such transac-
TONS should be set aside.
'The law provides that any person en-
titled t. bring an action. under disability.
may do 50 within two years after the
disability is removed. This court holds
that the appointment Of a guardian is
the removal Of the disability, and, as the
claim is not barred. under conditions and
circumstances Of this case, it is, there
fore, allowed.