Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-05-24
Contest Over Estate of Sclby
Moran In Hardin County
Court
MOST OF THE EVIDENCE IN
Plaintiffs Make Strong Showing Re.
sardins the Making of the Deed to
Land Alleged to Have Boon Owned
by First Wife of the Deceased
Other News of Tho State.
Special to Times Republican.


Eldora, May 2d.--The taking of tes-
timony In the Moran estate case con-
tinued Tuesday and at the close OF
court last evening the testimony was
nearly all in, only some minor points
being left to be disposed of this morn
ing. Deputy Sheriff Parks and Dep
uty Clerk Burlingame We're placed up
on the stand by the plaintiffs to show
that the petition in the case now pend
of courts office and papers served be-
fore the time of the execution and de-
livery of the deed conveying the land
in controversy from Iowa l.. Moran to
Il. H., Lundy and Lulu Lundy. This
was done to dispose OF the interests
of Il. II. Lundy and Lulu Lundy in said
land, should the plaintiffs win the case
now In court.
considerable number Of other wit
nesses were examined and dispositions
read by parties on both sides. The
evidence that the plaintiffs put the
most stress upon was that of an alleg-
ed agreement between Selby B. Moran,
the father, and Selby A. Moran, the
Oldest son, at present an instructor IN
one of the departments of the Ann
Arbor, Mich. university, whereby the
father acknowledges the altering Of the
deed in controversy and in consider
alton of his son, Selby A.. who was the
only person then acquainted with the
facts regarding such change, keep
ing the matter forever a secret, the
father agreed at his death to leave all
his property to be divided equally
among the children, without consider
ing any matrimonial allegiance on his
part which might thereafter be made.
Upon cross-examination it was shown
that this contract was but copy OF
the alleged original contract and that
no signatures were attached to the
contract as presented. The plaintiffs
also presented an affidavit given by
Mrs Sarah Carlin, age 81 years, a
nj, .e of S. b. Moran and daughter OF
Peer Moran. This affidavit is strong
evidence for the plaintiff a part Oh
which is as follows = s"Your
uncle visited here in 1887 didn't he!
yes sir.
Did he say anything on that Vlslc
in regard to his troubles about the deed
that you heard? No not that ! heard.
My father met Uncle Selby at my
Uncle Elberts in Marion county at the
request of Uncle Selby. We We're then
living in Lewis county, w. Va.
after your fathers return from
meeting your Uncle Selby, did he (your
father) tell you anything about what
your Uncle Selby wanted with him,
and if so what was it? heard him say
that he wanted to see him concerning
the boys about this land, but | cant
remember to give 1t straight, but 1t
was about this deed business.
This was after your Aunt Marinda's
death I believe? Yes
When next did you hear anything
about this trouble, and from whom did
YOU hear 1T? Nothing until 1900s and
from my uncle himself, saying all was
quiet and living the same.
Did you see Selby B. Moran's son
Selby ON the occasion OF his visit to
this state in 1886? Yes sir, did, in
Lewis county at my fathers house.
What, If any, information did your
father give your cousin Selby regard