Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-06-08
MORSE Will PROBA|I|LD|
Grinnell Man Has Little Faith
In Courts = He Trusts
Executors
PROPERTY ENrA,LED TO HEIRS
Each erandehild Gets s5.ooo-His
pauahter Gets Income Until She 10
as Then Holds Property in Trust
For chiIdren--Another Chapter il
Osborne Case.
Special to Times-Republican.

Special to Times s-Republican
Grinnell, June Sin Judge Scotts
court, held in Grinnell. as adjourned
session Of the March term, the will OF
the late C.. r. Morse was probated and
it is a queer document It gives all
his property to his executors, e: W.
II. Boyer and w. C. Rayburn. It exc
empts them from bonds, and directs
them to file no, inventory, make no res
port to the courts. and no accounting.
Morse seems to have been afraid OF
courts. He makes 1t more emphatic by
declaring that the only object in pro-
batting the will is to place the title to
his real estate in his executors. He
directs them to pay the Rugee chill
dren, each $4,000; the homestead and
furniture he gives to his daughter.
the income Of his estate plus $1,000 a.
year, is to be paid to her. When she
is As years of age-and she must be
40 now-the executors are to pay her
$1,000, and thereafter the income o11-
ly, at the age Of so they are to pay It
all to her to hold dn trust for her
three children.
Another chapter was heard in Os-
born VS.. Osborn The litigation be-
gan between these brothers in 1901,
Elizabeth Osborn, the mother dying
in 1901 had made deed to the ZIG
acre farm to Sam. Sam left home
when he was twenty, and never
helped accumulate any OF the proper
ty. Fred remained with his mother
great many years, not marrying until
he was fifty.
After the death Of his mother Fred
brought suit to set aside the deed, al
Ileging the mothers incompetency. She
was very old and feeble when she
made the deed in 1897
| The case was tried to Judge Dews
ey, who sustained the deed. Fred ap-s
| pealed. Pending this appeal Sam took
out letters Of administration, and as
administrator began suit against
| Fred TO discover prope styF and for m
| accounting, alleging that Fred had In
his hands stock and money belonging
to his mothers estate amounting to.
$4,000. Everyone had always suppos-
ed the personal property belonged to
Fred. He had always exercised con-
troll, buying and selling. He claimed
to be the owner; the mother often said
that it all belonged to Fred, and for
twenty five years Sam had acquiesceds
recognizing Fred as the owner.
| No effort was made to try this case
until after the township court reversed
Dewey, holding the mother incompe-
/ tent, the deed invalid and the real es-
tate was divided between the two. The
suit Of Sam Osborn, administrator vs.
Fred Osborn, then took on new life. It;
was tried in March. At the close OF the
| trial and in the last day of the term
the defendant discovered new and
material evidence and promptly filed a
motion to introduce new testimony.
This was sustained and the sixth day.
Of June fixed for the hearing.
The court, after spending Monday at
Montezun1a, decided to take this testi-5
mony at Grinnell on Wednesday. But
in May the defendant having discover
ed other evidence filed another motion.
| The conclusion was that the court set
aside the order Of submission, giving
both sides an opportunity 70 bring out
all the facts and ordered the testimony
to be taken in writing and submit IL
at the September term.
Farley VS.. Farley was decided. giv-.
| ing to plaintiff, Richard Farley a de-
cree, and to the defendant the home
and $500; plaintiff to pay all costs.