The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-04-17
VIM. johnson Returns to Claim
Property of Deserted Wife.
left Her Sick and Destitute
Two Years Ago.
SHE SECURED DIVORCE.
Died Four Hours Before It Be-
came Absolute.
Deserted Wife Cared For by Mrs.
A. A. Robinson and Others.

A suit over the property left by Mrs
Jennie Johnson has been brought in the
district court by her husband, VIM
johnson, who deserted her. He is now
in Topeka, and asks to have an es1-
ecutor appointed and to share in the
property that she left.
Johnson deserted his wife in October
1900 He was in the restaurant bust
ness on Kansas avenue between Eighth
and Ninth streets. He left his VIE
with two children. one a five weeks Old
baby She was very sick, and although
she owned some property she was III
destitute circumstances as regards
ready funds. She even found after her
husband had left her that he had given
a bill of sale to the restaurant, ana
gone to Colorado. it was supposed Win
another woman
Mrs. Johnson was cared for by nelgh-
bors Mrs. A. A. Robinson and Mrs. L.
s. Woolverton interested themselves IN
her and cared for her. In a short time
the baby died. Mrs. Johnson was weak
and failing. She wished to arrange her
affairs in order that If she died her re-
manning child might receive the beneht
of her property. In order to do this,
and in order to prevent her husband
who abandoned her from having any
right to claim her property, she secured
a divorce. which was not contested
-Four hours and a half before the six
months expired, which according to
law would make the divorce absolute,
Mrs. Johnson died She held an insur-
ance policy for 81 600 and owned a half
interest in some property in Pueblo val
ued at $1,000. Her will named L. S.
WOOlverton as executor Wednesday
afternoon Johnson appeared before the
probate court and requested that Clare
Slayton be appointed administrator In
order TO settle the controversy Probate
nj
administrator. IrOutman & Stone ap-
peared as the attorneys for Johnson
and w. T. SchOch represented the
estate. This morning Mr.. SchOch fled
a case in the district court asking the
court to construe the will. as since the
death of Mrs. Johnson, and only last
month the surviving child, Donald
Johnson, died at Brichtside school,
PiymQuth, ND and according to the
VIII John Olson, a brother of Mrs.
Johnson, is named as the heir. The
VIII VIII be contested by Johnson on
the ground that the divorce had not be
four hours and a half before the six
months had expired. The parties rep
resentlng the estate viii claim that the
law providing for the eXpira ton of six
months 70 make the viii absolute is not
intended to refer to property rights
The petition in the ease sets forth the
following:
Plaintiff alleges that Jennie johnson
at the time of her death was the owner
Of a one-half interest in certain real
property. to wit: Lot 16. block 100. in
Smiths addition to the city of Pueblo.
county of Pueblo and state of Colorado
which said undivided one-half interest
Ia said real estate is of the probable
value. Of $4,000; that by the terms of
said last win and testament aforesaid
she directed that plaintiff herein as
executor and trustee of her estate. sell
SAID property and use the proceeds
thereof in the education and support