Fort Mill times. [volume] (Fort Mill, S.C.) 1892-current, 1907-11-21
ENDED AT LAST.
Famous Lawsuit Settled After One
Hundred Years of Litigation.
PECK VS. BORDEN CASE


dred Thousand Dollars, Is Ended
After Estate Had Dwindled to 81,
Thousand Dollars.-Each Heir Go,
Very Little as There Were a Grea,
Many of Them,
famous lawsuit which has been
In litigation In the courts of Virginia
for a period of more than one hun.
dred years, was recently terminated
there by the receiver for the property
In litigation disbursing the remainder
or the estate-some S6.OOO-amona
the heirs.
quite number of the heirs of
TINS estate live in Atlanta and other
parts of Georgia, and through the
courtesy of Albert Borden Green
whose mother, Mrs. Rachael Green,
OF Decatur, was descendant of the
Borden family, and one of the heirs
TO the muchly litigated estate. The
Atlanta Journal recently presented a
facsimile of the check which she re.
Gently received from the receiver In
full settlement of her share of the
estate The amount is not large. be-
ing only Sl4.69. but il was a ease of
long division. and $4,000 doesn't
make much of show when cut up
among four hundred heirs.
/ Among the descendants of the
Bordens who live in Georgia and were
interested in this famous lawsuit,
may be mentioned Mrs. James r.
! Gray, of Atlanta, the wife of Hon.
lanes r. Gray. editor of The Jour
nal; j. r. Sasnett. of Hapeville; Mrs.
Frank Little, the wife of Judge Frank
Little. of Sparta; II. II. Sasnett. de-
ceased, of Jacksonville, Fla; Mrs.
Mary Will Sasnett, of Sparta: Bev. d.
/ II. Sasnett. deceased, of Atlanta, and
Mrs. r. +. Greer. of Decatur.
! All of these Georgians are the de-
scendants of the Borden family OF
Virginia. and the large holdings OF
! realty left b. the founder of the fam
/ lily furnished the sinews for the long
legal battle which has been waged In
he courts of Virginia for Century
, and more.
The case, entitled Peck VS.. Borden.
iorcibly reminds one of the celebrated
,ase of Jarndyce VS.. Jarndyce, as
pictured by Charles Dickens. In this
case. however. the heirs have from
! lime TO time had divided up and par
celed out among them something ov-
| er 100000, and the case did finally
:ome TO an end. being unlike that of
larndyce VS.. Jarndyce in that respect
! Everybody in Staunton. Va, knew
! all about the Peck VS.. Borden law
suit. Lawyers regarded it as in the
nature of an inheritance. and the
interest which a family of lawyers
had in the case as counsel was hand
I'd down from generation to genera
ton, from father to son. 1t was one
of the ordinary incidents of life for
| m attorney, as the shadows of life
heightened and affairs of life were
nearing to an end to call his son to
his bedside and say, MY son, have
less of this worlds goods to leave
YOU than l could wish. but I leave
YOU with my blessing and my interest
as lawyer in the case OF Peck VS..
!
grandfather as a lawyer, IL supported
ny grandfather and father and 1t will
doubtless supply the comforts of life
% your children's children"
But. like all other things OF this
Harth the celebrated case at length
! :ame To an end. Ii was like unto
the closing up of lawyers supply
company when the receiver in the
:ase entered a final decree, and the
asst dollar has been parceled out
;trong men-lawyers- like lit
lie children. knowing that cases like
hese turned up only once every few
.enturies, and the new crop OF law
yers had long and dreary period OF
waiting before such another good
thing would he discovered.
The case had its inception more
than one hundred years ago when the
property of Benjamin Borden, the
founder of the family. was wrongly
disposed of by guardian of his two
granddaughters. Out of this suit
collateral issues sprang and the
courts have since then been busy year
after year with some branch of the
case or another. When the judg
ordered the clerk to pronounce the
record in court the clerk complied by
trucking 1t in with the aid of severa
porters. and there was scarcely lef
room enough in the court room tc
turn around. so voluminous and mum
erous were the papers which had beer
filed from time to time
Sturdy old Benjamin Borden, th'
founder of the family fortunes, emf
grated from England and came Il
! Virginia in 1920. settling colon!
near Staunton. Va, He received 70
.; his valuable services to the crown
huge grant of land in Rockbridge ant
Augusta counties, Virginia. and som,
$4,000 acres Of land around what d
} now known as Bordentown, y. J.
Benjamin Borden, Jr.. succeeded
: to the property at the death Of hi
father, leaving IL in turn 10 his son
Joseph Borden. Upon the latter
/ death. the property reverted to hi