The Hartford republican. (Hartford, Ky.) 18??-1926, 1907-08-09
IMPORTANT LAW
Suit DECIDED.
Judge Erkhead Hands Down
Decision,
Constituting the Will Of the Late
Jas. A. Thomas Which A.
iectS Many Parties.

{ One of the most important lawsuits
ever determined in the Ohio Circui
Court was terminated Monday by Z
Judgment in favor Of the plaintiffs il
suit filed the Ain day of May 1907 by
Mrs. Emma J. Thomas, guardian Of
Evelyn Fair Thomas. The suit was
filed for the purpose of having tnt
court cOnstrue the last will and tesla
ment of James A. Thomas, dcccas-
ed.
Mr.. Thomas was one of Hartford
wealthiest citizens and at the time OF
his death owned considerable person
al and real estate. He left surviving
him three daughters and wife, and one
granddaughter, Evelyn Fair Thomas
for whose benefit the suit was fill
ed.
The petition states that at the time
Of his death Mr.. Thomas owned eiev-
en- tracts or lots of real estate, besides
a considerable amount of personal prop
erty. The first lot being the family
residence in Hartford, about which
no question was raised in the litiga-
ton, plaintiffs conceding that same
was devised to Mrs. Thomas and her
daughters, Eta, Stella and Lille by
the terms OF the will. But about all
the remaining properly ten lots in
number, the question was raised as
10 whether by the terms of the will
1t went to Misses Eta, Stella and
Lille Thomas, or to them and Evelyn
Fair Thomas Jointly.
The court in an opinion decides and
adjudges that no part of the Thomas
estate is covered by the will except
The family residence, which now belong
to Mr.. Rowan Holbrook. he having
purchased same within the past few
months, and the personal estate.
The court adjudges the infant, Ev-
elyn Fair Thomas, to be a joint own
er in all the rest of the real estate
owned by Mr.. Thomas at his death,
she owning an undivided one-fourIh
interest therein. All of said proper
ty has been sold by the Misses Thon-
as TO various and sundry parties, and
they have realized goodly amount for
same. Lot No. 2, which joins Hayti,
was sold to Thomas Walker, for the
sum of 1925. Lot No. 3, a house and
lot in east Hartford has been sold TO
Miss Nettie Rogers, for $1,000. Lot
No. 4, when sold vacant lot near
the Presbyterian church has been sold
to j. c. Riley for $3.50, and is the lot
on which Roll Rileys residence is
now located. Lot No. s. which is
vacant lot in east Hartford has been
sold to L. w. Paterson, for $65. Lot
No. 6, which was about Is acres oil
land in east Hartford has been sold
to Rowan Holbrook, and same has
been divided into town lots and sold
to various parties. They realized for
This lot $1,000. tLot No. Z, which is a
dwelling south of the Baptist Church
has been sold to Mrs. Flora Phipps for
$500. Lot No. s, a vacant lot in
east Hartford, has been sold to DELLA
King, for $3.50. Lot. No. o. which
was then vacant lot but on which !
has been erected a residence now occu-
pied by DR.. j. w. Taylor, was sold
% him for s175. Lot No. 10, which
vas about 121a acres of land on
Muddy Creek, was sold to j. NJ.
Moore, for 1926. Lot No. II, which |
vas 250 acres on Halls Greek, was
'old to Mr.. j. w. Ford, for $4,000.
The courts decision in this impor-
ant litigation affects many parties.
nasmuch as the infant, Evelyn Fair
Thomas, adjudged to be the owner of
interest in all the proper
y, it is difficult to determine what
will be the ultimate outcome or eff
ect of the courts decision.
OF course the estate is quite solvent
nd parties who purchased the prop
rty will have recourse on it If they
re compelled to pay the infants in
crest, but tn inefant being unable,
nd will be until she is 81 years old,
o make any settlement or conveyance
or her interest in the various lots of
and will necessarily cause a good deal
f confusion to the purchasers of the
and.
The defendants have been granted
n appeal to the Court of Appeals
nd the matter will no doubt be heard
4 that court at some near future day.
Until the matter is finally determined
4 the courts the various purchasers Of