The Leon reporter. (Leon, Iowa) 1887-1930, 1905-03-16
new CASES IN COURT
A Large Namber of New Court Cases
Have Been Filed With Clerk
Tharp the Past Week.

Mrs. Sarah G. Kirkpatrick adm. and
Mrs. Sarah 9. Kirkpatrick VS.. Mer-
chants Life Association of Burlington,
Iowa. Suit is brought to recover on q
life insurance policy ofS2,o00 issued by
the defendant on the life of Mrs. Eliza
J. Woodland, wife Of Charles H. Woodland,
the plaintiff alleging that on Nov. 5,
1908, the insurance company issued a
policy on the life of Mrs. Eliza Wood
ard for $4,000 made payable to her hus-
band, Charles Fl. Woodland. That on the
10Th day Of December, 1908, Eliza j.
Woodard died, and that her death was
caused, produced and brought about by
the unlawful acts of the beneficiary,
Charles H. Woodland, and that subse-
quent to her death the said Charles H.
Woodland took possession of the insur-
ance policy and kept the same from this
plaintiff until the 20th day Of February,
1904. That on or about Feb. 20, 1904,
the defendant having had full knowl-
edge long prior thereto Of the death of
the insured, Eliza j. Woodland, fraudu-
lently procured possession of the GER
tiicate issued to Eliza ]. Woodland by
conspiracy with the beneficiary therein
named, Charles H. Woodland, and there
after kept possession of said certificate
and held the same until the trial of
Charles H. Woodard. That the benef-
ciary, Charles II. Woodland was convict
ed at the January term, 1905, of the
murder of the insured, Eliza ]. Woodland,
and that during the trial of the case the
plaintiff for the first time had an oppor-
tunity of seeing the policy or to know
the provisions thereof, and in this con-
nection plaintiff alleges she did not
know the provisions Of said certificate
prior to the said trial of the said
Charles II. Woodland. That Immediately
subsequent to the conviction of the said
Woodland and the discovery of the pro-
visions Of said certificate, the plaintiff
herein requested the defendant to fur
nish blank proofs Of death such as the
defendant agrees in said certificate to
furnish upon application, and that the
defendant declined and refused to fur
nish the plaintiff said blanks upon
which to make proof Of death, and in
addition to making such refusal denied
all liability upon said certificate. That
because of the matters and things here
inbefore alleged the defendant waived
proofs of death. That notwithstanding
said waiver upon the part Of the defend
ant of proofs of death, this plaintiff
caused to be prepared and furnished to
the defendant additional proofs Of
death. That on Jan. 81, 1905, the bene-
fciary in said certificate, Charles FL.
Woodard was sentenced by the District
Court of Decatur County to imprison-
ment in the penitentiary at Ft. Madison
for life for the murder of his wife, Eliza
]. Woodland. That the knowledge of
this plaintiff that the said Charles H.
Woodard, the beneficiary in the certifi-
cate, was guilty of the crime of murder
ing the insured, Eliza ]. Woodland, dates
from the judicial finding of said fact,
and the return of the verdict Of the
jury and the sentence thereon. That
the beneficiary, Charles 81. Woodland,
husband of the insured, the beneficiary
named in the certificate forfeited all his
rights as beneficiary or heir at law by
the murder of his wife, Eliza j. Wood
ard. That at the date of the death of
the said Eliza j. Woodland, her father, j.
W. Kirkpatrick, and her mother, Sarah
G. Kirkpatrick were the sole heirs at
law Of the said Eliza j. Woodland. j. w.
Kirkpatrick died intestate and the
plaintiff herein, Sarah G. Kirkpatrick,
was the duly appointed and qualified
administratrix of the estate of J. W.
Kirkpatrick, being appointed as such on
Oct. II, 1904, and was also duly and
legally appointed and qualified as adj
ministratrix of the estate of Eliza j.
Woodland. That the defendant refuses
to pay and has not paid any portion Of
said $4,000 dollars to this plaintiff or
any one for her, and neglects and re-
fuses to make any assessment therefor.
That at the time Of the death of the
said Eliza j. Woodland, the insured, she
had performed each and every condition
Of said certificate required of her to be
performed. That the plaintiff is the
owner of said certificate and entitled to
recover thereon and to the proceeds
thereof. Wherefore the plaintiff de.
mands judgment against the defendant
in the sum of $4,000 with interest there.
on and the costs Of this suit. M. F
Stookey and Geo. VI. Baker attorneys
for plaintiff.
D. W. Stanley VS.. Bowsher & Biddison
Plaintiff sues to recover the sum of $12E
which he claims to have earned as com.
mission for negotiating the sale of the
Bowsher & Biddison stock OF imple.
ments at the town of Garden Grove tc