The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-09-28
MAY Get MONEY.
CampbellUniyersity HasAnOtheF
Chance at Big Request.
Supreme Court of California
Reverses the Case.
AMOUNT is 100000.
Was Left to HoltOn School by
Millionaire Campbell.
Heirs Defeated the Request in
Lower Court.
is 100000.

Under a recent decision Of the supreme
court of California it is possible that
Campbell university at Holton. kan.
viii receive the $1,000 bequest which
was left to the institution under the
terms of the viii of the late Allen c.
Campbell. The millionaire misae owner
and Tor whom the university was named.
Mr.. Campbell left an estate valued at
s1.150,0oO- The estate consists chiefly Of
mining properties in California. Utah
and Nevada.
His viii provided that the mining
properties should not be sold except at
a stipulated price until the daughter OF
The deceased should become twenty-one
years Of age. The provisions OF the will
were held to be contrary to law by the
lower courts of California and the SUI
preme court OF the state now holds that
these lower courts We're in error and or
ders a retrial Of the case
The decision which was rendered by
Judge Noyes in the lower courts of Cali
dornia and from which the appeal to the
supreme court was made gave one
third Of the estate to Mrs. Eleanor
Campbell, now Mrs. Frank O'Kelly, Of
Riverside, Cal and One-sixth to each of
the four children, including Charles
Rufus Campbell, the son by former
wife thus cutting out William B. Stan
aey, Campbell university and the chill
dreu Of the deceased brothers ana sis
tiers OF Allen Campbell. These legatees,
by the provisions of the win. were to
have received 5000. 600 Of which the uni
versity was TO receive 100000, the
nephews and nieces 100000 and Stan
ley 100000. The appeal to the supreme
court was made by them The decision
eIeverses Judge Moves siecision and Will
"a
courts.
Tt viii be remembered that the Camp
bell VIII gave, first TO the wife a con-
dirmation of the deeds OF all the property
decided to her second. to Charles Rufus
campbell the property in Kansas; and
third. to the three small children, the
property in Salt Lake City
In item Of the Will Campbell set
forth a description of his iron and gold
mines. which constituted the major
portion of the estate. He directed that
the Brick Consolidated group should be
held al a valuation of $500 900, the iron
mines at 100000 and the third group
a $3.50 600. He also provided that these
mines should be held until the daugh-
ter Caroline. then 3 years Of age, should
reach the age of u, OF in case of her
death until the time when she would
nave reached that age unless they could !
be sold sooner at the prices named.
In case of the sale of these mines, |
me nret 100000 Of the proceeds should |
be divided as follows $500 600 to be in |
vested in United States bonds for the |
three youngest children: 500 900 to be
paid Charles Rufus Campbell in CASH |
eluvsulO TO be paid to William Is. Stan
ley favor1te nephew; the next $780,
Gee 10 be divided among the five or six /
children of the deceased brothers and
sisters: the next 100000 to go to Camp
bell university Of Holton. the next $780, |
goo 10 20 to Mrs Eleanor Campbell, and |
me remainder II any, was to 90 into /
the residue"
This residue was devised to Mrs
tdeanor Campbell to hold in trust fer /
the benefit OF the three youngest chill /
dren- She was directed to hold IT n /
years. If during that period she should |
elect that Charles Rufus Campbell /
should participate in the residue. and I
should so declare i'm writing then he
enouid take one-fourth. with the small /
The provisions of the will regard
ing the disposal Of the three groups of /
mines were attacked in the superior /
court under the contention that the I
testator attempted to uuIawfully re- |
strain tlae power Of alienation of the /
1nirss beyond the period prescribed by /
the law of California. That conten- /
ZION was upheld BY Judge Noyes
CHARLES Rufus Campbell also con- |
tsHdeo mat the provisions relating to /
me residue constituted an unlawfuf I
trust. and this point was also upheld /
by the superior court
The practical result of this decision |
was mat Allen Campbell did NOT make /
= legal disposition of The three rro,1rs (
OF mines in item of his VIII This
pAopeftS ana the property described /
~ the residue constituting about /
ulne-tenths of the estate instead of /
going to the Iegatees named ia the /
VIII, would. if Judge Noyes' Judgment /
naa been upheld. have gone to Mrs
11ieanor Campbell now Mrs O.KeIlv
snd TO the four children includine
-harles Rufus Campbell
When the case was tried in the S,,
per1or court, Collier & Carnahar
ana Judge Stutsman of santa (
Sna we're the attorneys for Charles /
Nampbeil as contestant Of the viii. N I
= T eflAgton represented Mrs Eleanor /
campbell MS administrator and guard I
ian or the three minor children. and /
<lso represented the children of /
In In 9oeli. ne firms of Hayden & I
hayden Of Holton. and Crane & Wood 1
burn Bros were attorneys for C,ann-
bell university.
After Judge Noyes' decision was
-slleefed ana when the appeal was /
ABOUT 10 be taken Mr. Plfrington
dropped out and Hayden q HAYDEN
were substituted as representatives for /
the children OF the deceased br0tbars
.tla sisters The attorneys for these +
children and for Campbell universifN-
united in the appeal
since the appeal was taken. a settle I
lnenl mas been made between Mrs
-,-tSattof - lNeiiN- as administrator. and !
narles Rufus Campbell, whereby Mrs. /
- helly bought from him all his inter- I
est IL the estate, so that he IS not af- /
1ected ~ any way by the decision
Mrs o Kelly, it is presumed viii di- I
rect her attorneys to make application
Tor rehearing. unless she has already /
erected some settlement of the matter ]
with Campbell university and the
1ephews and nieces appealing. Pend !
3ng the appeal some negotiations were
mad between these parties
low Rates VIA Union Pacific.
$3.50 TO Ogden CT Salt Lake CIV ana /
return first and third Tuesdays. JI,ne 1
10 November. inclusive
5000 to Ogden OF Salt Lake City and