Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-10-30
LONG RIGHT Is ENDED
Finding of an Uurecorded Deed
Leads to Litigation That
Continued For Years
DECISION HAS BEEN MADE
Daughter. Deed of Property Back to
Mother Results in Children Getting
the Estate Worth Large Sum, While
the Husband Gets Nothins-story OF
TIE Litigation.
'pecia' to Times-Repub,ican.

Webster City, Oct. 3d. Tire petit
ton for rehearing in the case of J..
w. Milburn against John II. East
from Webster City, has been denied by
the supreme court. The law suit was
over a 200-acre farm in Webster
county and other property valued at
about $4,000. The case involved the
validity of an unrecorded deed to this
farm given to Mrs. Priscilla Emerson
Of Stratford, and which G. A. Bier
natski, an attorney found in the Office
of the late John F.. Dunconllbe OF Fort
Dodge.
The Levi Emerson family years ago
was very wealthy family residing in
Stratford. There were two children
son, Floyd, and daughter, May.
The daughter kept company with a
young. doctor at Dayton, the inst town
west OF Stratford John H. East by
name. The parents were opposed to
daughter. But the young people
eloped and were married in Belle
PLANE at the home OF the doctors
brother. Some time after this Mr..
Emerson died and reconcilia tons took
place. A fine 20o-acre farm belonging
to Mrs. Emerson was decided to her
daughter, Mrs. East. A few years
later Floyd Emerson died most myster-
io,lsly and suddenly at Ho. Springs,
Ark, leaving the sister as the only
heir to the mothers estate. Many
people there are, however, in and
about Stratford, who doubt the death
VI Floyd Emerson. The East family
ettled in Nebraska and after fourteen
years of married life, Mrs. East died
very suddenly. Several years later
Mrs. Emerson was found dead in her
home in Stratford, and by her demise
East was left as the only claimant to
the estate A very few weeks after
the death of his wife, DR.. East re-
married. He then began suit for the
estate of Mrs. Emerson, his mother
in-law, he being the nearest heir It
was brought against ]. W. Milburn,
the administrator.
During her lifetime J. F. Duncombe
Of Fort Dodge had looked after Mrs.
Emerson's business affairs Not long
after the death OF Mrs Emerson, the
COIl 4OuSS dIlOIuey, LOO, ulcu. MIs
Biernatzki was retained by the adj
ministrator to look after the estate
after the death of Mrs. Emerson, and
during Duncombe's last illness Bier
natzki called upon him fol the papers
in the Emerson estate. II. was while
porting over these old papers in Dun
combe's office that Mr.. Bic rnatzki was
amazed to find a deed given by May
East, transferring the big Webster
county farm back to her mother and
the deed bore a date subsequent to
that in which Mrs. Emerson had con-
veyed the farm to her daughter. This
instrument had never been recorded
and upon its validity rested the whole
case Of East's claim to the estate. II
the deed were legal he could not share
and if it were not he could get all.
It was finally adjudged to be legal
which cut East off and left the whole
estate to the two children Of Mr.. and
Mrs East, boy II years old, and a
girl 20, who claim, not through their
mother, but through their grand
mother. The case has run the gaunt-
let of all the courts in iowa. and Mr..
Biernatzki has appeared before the
supreme court five times In the mat
ter. The denial of the supreme court
of the rehearing, however. settles the
case for all time.