The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-09-17
BOY GETS THE RANCH
Morris County Fight Comes Up in
Supreme Court.

After having been in progress since
1903, the fight between Thomas Jen-
son and his son Tom Jensen. now IS
years old, over the possession of a
large ranch in Morris county, near
White City. has reached the supreme
court of the state. 0. L. Moore, dis
trict judge for that section of the
state decided in June last that the
title to the ranch properly belonged to
the son. Papers in the fathers appeal
from this decision were fled with the
clerk of the supreme court today.
This dispute between father and son
is little out of the ordinary. as the
FUNDS with which this ranch was pur-
chased came from the sale of proper
ty in Warwick county, England. which
was left to the boys mother by her
father, William Bragg, who at the
time of his death owned considera bic
property in England.
Under the terms of his will a valu-
able portion of this property was left
to Mrs Jensen and the will provided
that on her death 1t should 90 to her
husband, TO be held intact by him and
from which he was to pay for the
maintenance and education Of their
children, and at his death the property
was to be sold and the proceeds divid-
ed among the children. Mrs. Jensen
died in 1882 and was survived BY but
one child. Tom. Along in 1889. Mr..
Jensen took the boy to England and
prevailed upon the executors of the
estate to sell a portion of the property,
as he wanted the proceeds to buy a
ranch and ranch stock for the purpose
OF setting the son UP in business for
himself. Under these conditions
part of the property, an old licensed
inn under the sign of Hare and
Hounds was sold for three thousand
pounds amounting to SIS, 600 in Amer
lean money. After the succession tax
and other charges had been paid in
England the amount Mr.. Jensen
brought home was S13,482.76.
On their arrival home the ranch in
Morris county was purchased and
$1,000 was invested in hotel at
between the father and son the ranch
was practically turned over to the
father. The son brought suit for the
recovery Of title to the ranch and also
for lien on the hotel property for
the amount put in it by Mr. Jensen.
on the ground that his father had act
co deceitfuiIy in the matter and had
not fulfilled the conditions he made
with the executors of the grand
fathers estate when the Hare and
Hounds Inn was sold. He contend
that at the time he entered into the
agreement with his father about the
ranch he did not know Of the terms
OF his grandfather's will or that his
father had but q life interest in the
property.
c.. w Hurd was appointed as q
referee to take the testimony in the
suit and after he did this. made a re-
port to Judge Moore with certain rec
concentrations These recemm end a-
lions were considerably changed by
Judge Moore in deciding the case.
Judge Moore decided that the agree
ment between the father and son alb
solutely extinguished the right of the
son in the property and that the
agreement was invalid and he issued
an order awarding the son the fmme-
diate and exclusive possession Of the
real estate. It IS from this order that
Mr. Jensen has appealed to the su-
prene court
Among other things in his defense
Of the suit brought by his son was
the allegation that the action was not
comm enced untf long after two years
had elapsed after the purchase OF the
ranch and the other transactions and
the suit was not valid under the
statute Of limitations