Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-04-07
Litigation Over the Emerson
Estate Concluded by SUI
preme Court Decision
CASE WAS A NOTABLE ONE
1t Has Been in the Court for Many
Years and Original Parties to the
Suit arc Many Of Them Dead-Death
of Ono Of tho Litisants ciouded in
Mystery.
Special to Times Republican.

StratfOrd VS.. j. II. East OF ftlSlHs Sui
Neb.. a final adjudication is made II
the matter OF the famous Priscilla EN-
erson estate, valued at about $50,0oo
Everyone In this part of Iowa Is more
/ or less familiar with the various en-
has been involved, the settlement O
which has been pending In the courts
| for eleven years. The story of the
matter reads like a romance. 1t Is
built upon family entanglements,
compromising damage suit for seduc-
| ton and across the pages of the whole
affair pass ever and anon a process
sion of the dead--for since the start
ing Of the litigation every one of the
ORIGINAL parties to 1t have died, save
one. and even some OF the attorneys
connected with 1T at various times
have passed away. The only survivor
| is ]. II. East, to whom the estate
would have gone but for the decision
The case centers about 200 acres Oh
land In Webster county, winch were
supposed to belong to Mrs. May East
a daughter of Mrs. Emerson. The md
ing of an unrecorded deed from Mrs.
| East back to her mother however,
changed the whole matter and throws
this magnificent farm into the estate
OF Mrs. Emerson or the many deaths
which have occurred during the PEN
dency of the litigation, at least one is
looked upon by many people as mys-
terious affair and to this day there are
many people In and about Stratrord
who even doubt that Floyd Emerson
is dead. Others there are who believe
that foul play may have entered INTO
the case, which is the most compli-
Gated ever tried in the courts here.
FLOYD Emerson's death was ANNOUNCE
ed during the tendency of suit for
seduction against him. preferred by
Stratford young woman. and 1t was
supposed that this event would stop
the case and prevent damages bein.
secured against his estate which was
badly involved in the estate of his
mother, Priscilla Emerson. and that OF
his sister, Mrs. May East.
The Emersons years ago were
wealthy and respected residents OF
Stratford In the southern part Of Harm
ilton county. The family consisted Of
a father, mother and son, Floyd, and
daughter, May. The latter married
DR.. East and the two departed soon
after their marriage for Rising sun,
Neb. In 1892 the father died and the
estate passed into the hands Of Mrs.
Emerson, her son Floyd, and daughter
Mrs. East The first complication that
arose in the matter appeared In 1894
when a Miss Paulson of Stratford
brought suit thru Judge Kenyon and
Captain Yeoman of Fort Dodge,
against Floyd Emerson for $4,000 as
damages for alleged seduction. Be
fore the case came on for trial Floyd
Emerson died very suddenly and mys-
teriously after an illness of but few
days. This was the first Of five deaths
which have occurred in connection
with the litigation over this famous
estate and at the time it occurred
caused much comment and excitement.
Many people did not believe that he
was really dead. and do not even to
this day. No ore was able to prove
that he was not, however. The case
adGlIlSL nun was IiOL OlOPPVdt INV cHN
finally in 1896 judgment was secured
for the amount asked, and the costs
in the case. The estate was so involv-
ed as between the mother, daughter
and son, however, that proceedings
had to be brought In the year 1897 to
attach some of the property to get this
Judgment. In this proceeding Wesley
Martin of this city was associated with
Messrs. Kenyon and Woman of Fort
Dodge. Mrs. Emerson and daughter
were made defendants in this proceed
ing and the late John e. Duncombe of
Fort Dodge appeared for them.
This proceeding dragged along until
1898 and In the meantime Mrs. East
died-also suddenly and mysteriously.
George w. Hewitt a Council Bluffs
attorney. was appointed her admins
traitor while ]. w. Milburn of STRAIT
ford was appointed as Floyd Emer-
sons administrator. Of the estate the
fine two hundred acre farm in Webs
ter county had gone to Mrs East upon
the death of her father. During this
same year, Mrs. Emerson died at her
home in Stratford. She, too, died sud
denly, but no suspicion ever rested
L.
Milburn was also appointed admins
traitor of Mrs. Emerson's estate. An
attempt was then made to settle the
Paulson, claim and Judge Hyatt of
this city became interested in the case
in conjunction with Mr.. Duncombe of
Fort Dodge. A short time after, Mr..
Hyatt also died and in the meantime
many claims had accumulated against
the estate, which was by this time so
tangled that no payment of them could
be made. The estate of Mrs. Emerson
and the many claims against it We're
almost worthless.
1t was at this stage of the varied
proceedings that j. w. Milburn, the
administrator of the estates Of Mrs.
Emerson ami Mrs. East, came to this
city and interested c. w. Biernatzki
and Weley Martin in the matter. This
was in 1902. Mr.. Biernatzki at once
began an examination Of the records
in this and Webster county and after
many weeks of work became satisfied
that Mrs Emerson had been possess
ed Of property which the records did
not show. He finally went to Fort
Dodge ard upon the last day that Mr..
Duncomhe ever appeared In his office,
found an unrecorded deed there from
Mrs. East giving her fine Webster
county farm back to her mother. This
seemed to settle the fact that the es-
tate Of Mrs. Emerson was solvent and