The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-03-07

D. Il. GREGG.
The Douglas Circular.
To the Voters of Shawnee County:
MY brother, S. 3. Isenhart a prom
ment lawyer and citizen of the civ Of
IOpeka, prominent ana in good stand
ing in Masonic circles being a member
OF Topeka lodge No. Il OF that order
and or Topeka eonmandery No 5 and of
the Scottish rite bodies, also a member
Of the Odd Fellows, died after a linger-
ing illness, on the 18th day of May,
He left as a part of his small estate
a valuable and well selected law library
and some office furniture, and q few IN
collected small fees. az
Clay II. Alexander, who had at one
time been a partner Of my brother (but
which partnership had been dissolved by
mutual agreement of the parties in
August, 1922 claimed to be my broth
ers surviving partner and pursuant to
said claim, he, Alexander, went into the
probate court in person and by his at
torney, Mr. M. T. Campbell who is also
a candidate for probate judge, and
without any notice to me, made his
claim, filed his affidavit, petition, and
bond, and then the probate judge, r. F.
(Dick) Hayden, without any notice to
me that any such claim mad been fled
by Alexander, issued an order to Alex
ander to take possession of the aforesaid
property and directed him to sell the
same to the highest bidder al an auc-
ton sale.
Mr.. Alexander swore. in the af1davit
which he filed, that the value of the
aforesaid partnership property was
twenty-five hundred dollars (s2, 5000.
With this affidavit of Mr.. Alexander be-
fore him, fixing the value of the proper
ty, he, the probate Judge, in direct
conflict with the requirements Of law,
fixed the amount of the bond which MT
Alexander should give, at 81, 500, when
he, the probate judge, knew and was
familiar with the laws of the state OF
Kansas governing such cases as set
forth in sections 2SO8 281S and 1887
of the general statutes of Kansas 1901,
and he, the probate judge, knew when
he made the order fixing the amount of
Alexander's bond at $500 that the law
required, made it mandatory on him,
the probate judge, to require a bond for
at least double, two times the value of
all the property in controversy; which
value was $4,000, and under the law
thereof it was the duty of the probate
Judge to require a bond for at least So
600 instead Of one for only $500.
The contract between my brother and
Alexander provided in some cases that
Alexander should have half of the fees,
and in some other cases one-third of
the fees, but the probate judge gave
him Judgment for one-half of all them,
in some of which, he, by and according
to the terms of the contract he signed,
was entitled to only One-third of thems
Alexander, as the surviving partner
from the sale Of the property and the
fees, the probate judge rendered judg-
ment giving the personal estate Just a
little more than four hundred dollars
and then rendered judgment giving all
of the rest of it to Alexander and his
lawyer, Mr.. NJ. T. Campbell
The probate judge also appointed G.
A. Magaw administrator of my
brothers personal estate. Mr.. Magaw
is a longtime friend of Judge Hayden
and was then and is now his room
mate and bedfeIlow and his appoint
ment as such ADMINISTERS tor was not on
the recommendation of any one in
terested in the estate, but he was the
personal choice of the probate judge.
The probate judge would not appoint
me as the executrix of my brothers
estate because the laws of Kansas, he
said, prohibited the appointment Of
nonresident of the state to administer
~, Tho sefot es Of deceased persons. and