The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-02-25
AN INTERESTING CASE.
Litigation Over Estate of the Late
z. Hughes.

Litigation has been commenced in the
district court over the estate of the late
E. Hughes and that of his widow, RAJ
beeca G. Hughes, which estate is esti-
mated to be worth about $150,000.
Mr.. Hughes, one of the Kansas pio-
neers, died in December, 1902, without
making any will, and his widow. Ra-
becca G. Hughes, is still living in To-
peka. A few days after the death of
Mr.. Hughes, proceedings were COM
menced in the probate court to have a
guardian appointed for Mrs. Hughes
alleging that she was of unsound mind.
A commission was appointed consist
ing of DR.. J. P. Lewis and DR.. w. S.
Lindsay to examine and report as to
whether Mrs. Hughes was of unsound
mind. After examination they report
ed to the court that she was not of I'M
sound mind. A few days thereafter,
upon an application for rehearing, an
other commission was appointed con-
SiSting of two Topeka physicians who
reported to the court that Mrs. Hughes
was of unsound mind and incapable
of handling her estate. Thereupon
Robert Stone was appointed guardian
and took charge of the entire estate
and has been acting as guardian ever
since.
During the lifetime of Mr. Hughes he
and his wife gave to several of their
children and grandchildren large
amounts of real estate and other prop
erty, and purchased some real estate in
Topeka and had it conveyed to himself
and Thomas Hatfield as trustees for
his minor grandchildren. Two suits
have been brought by the guardian to
recover the real estate from the grand
children, the plaintiff contending that
Mr.. Hughes was acting as the agent
for his wife and had no authority to
use the property and money for the
benefit of their children or grandchil-
dren.
A third suit has recently been COM
menced involving the title to farm
near Dover owned by Mrs. Schley, one
of the children of Mr.. Hughes. The
guardian claiming that this property
belongs to the estate of Mrs. Hughes
for the reason that Mr.. Hughes had no
authority to give away any of her
property.
One of the children, George Hughes
who had not received gifts as the other
children had. made the affidavit alies-
ing that his mother was OF unsouno
mind and instigated the fnqulsltlon
proceedings which resulted in declaring
Mrs Hughes of unsound mind. Ths
firms of McKeever & Redden anc
Troutman & Stone, as attorneys 1ol
| George Hughes and the guardian, nave
commenced the proceedings agalns'
| the grandchildren and their trustee te
recover the property given them by
| Mr. Hughes in his lifetime. Clara l.
/ Hughes, the mother of the minors, has
been appointed as trustee by the dis
trict court in place of Thomas A. Hat
field, who resigned; and the minors rep
resented by H. w. Page as guardian
ad Item, and the trustee and Mrs
Sholey, represented by w. r. Hazen
have aled answers in the suits. il
which answers it is claimed that thu
property was given to the children ant
j grandchildren by both Mr. and Mrs
+ Hughes and denying that Mr.. Hughes
was the agent of Mrs. Hughes, bu
claiming that the property and estate
was the accumulation of the labor ant
I business transactions of Mr.. Hughes II
his lifetime and was his property
which he had right to give to hii
children or grandchildren, and alst
claiming that Mrs. Hughes had full
knowledge and consented that tbs
Droperty should be given away.