Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1901-05-16
ASTON WINS OUT
Inegitimate Son of jefferson County
Man is Victorious.
GAINS SUIT IN THE SUPREME COURT
is Entitled to Share of His Fathers
Estate and Is Put on the Same
Plane as Other Heirs in This
Respect.

Fairfield, May 16.-According to a
! decision of the supreme court William
D. Aston, of Jefferson county, is EMIT
led to a share of the estate Of William
Aston, and though an illegitimate
son, he is put on the same plane as
4 the other heirs in respect to his inher-
itance The case is one that has been
In the courts for years. 1t has arous-
ed no little local interest. The title
of the cause is William D. Aston, ct
al, appellants, vs.. William e. Aston,
ct al" The suit was brought for par
tition of property. The defendants, |
Wlliiam e. Aston, Mary M Vate, and
Henry G. Aston were alleged to be
heirs of William Aston, who died in
testate in 1896, seized of valuable real
estate. The plaintiff, William D. AL.
ston, alleged he was the natural son
of William Aston, that he was recog-
nized by him as such during his life
time and that he was entitled to share
equally with the other heirs in the
real estate.
Lower Court Against Him.
In the district court here the bill Of
the plaintiff was dismissed on its mer-
It's and he appealed. The right of Will
liam d. Aston to part of the prop
erty depended on his ability to prove
that he was the illegitimate son of
William Aston and that he had been
recognized as required by statute to
entitle him to inherit. Prior to the
adoption of the code of 1851, the rule
Of the common law was in force in
this state precluding inheritance by
Nightmares from the father under
any circumstances. In the code of
1851, provisions similars to those now
in force were incorporated, by which
illegitimates might inherit from the
father when recognized by him as his
children. These provisions have been
substantially in force ever since. The
plaintiff was born some years prior to
the adoption of the code of 1851, and
some of the evidence relating to rec
4 ognition refers to acts and CONVERSE
ton of William Aston prior to the
adoption of the code. The appellees
insisted that evidence of recognition
must be strictly limited to acts and
conversations subsequent to the time
when such recognition would by law
entitle the plaintiff, if an illegitimate
son, to inherit. Judge McClain, who
has written the opinion, does not up
hold this view and takes the ground
that evidence of acts and converse
tions on the part of William Aston
tending to show recognition by him
+ Of the plaintiff as his illegitimate
q child prior to the adoption Of the code
3 Of 1851, may be considered.
In regard to the evidence of Will
Nam Alston's recognition of the plain
tiff as his son, the supreme court re-
dence which would in general be ex-
ol,ydodt honrcav Sc adyoic h1o m
the subject of relationship. 1t was
the contention of the attorneys for
the defendants that hearsay evidence
should be excluded.
In discussing the evidence, direct
and hearsay, the court finds that Will.
liam D. Aston was the son of Octavia
Daniels and William Aston and was
born in December, 1843, at the home
of the young woman's brother in JEFF
ferson county, twelve miles west Of
Fairfield Aston and Miss Daniels be
came acquainted while she was
working in the town. Both were
working in in the town. Both were
then single, though both married 9th
or parties subsequent to the PLAINTIFF
birth. William D. Aston was takeI
to raise by Mr.. and Mrs. De France
who lived seven miles north Of Fair
field. It was clearly shown by the
evidence that William Aston on sew
eral occasions visited the home Of Mr.
and Mrs. De France when the plain
tiff was there as child, spoke to hin
as father would address son, tool
special interest in him when he was
sick, referred to him as his son II
conversation, and finally decided hin
100 acres of land for the considera
ton Of 81.
OH RESIDENT PASSES AWAY