The Denison review. [volume] (Denison, Iowa) 1867-current, 1908-04-15
THE SEXTON WILL CASE.
The Jury Decides to Break the Will of
the Late James Sexton ofSoIdier.

the Late James Sexton ofSoldier.
Quite the most important jury case
at the present term of court was that
involving the validity of the will of
the late James Sexton, who. in his
life time. was resident of Soldier
township in this county.
Mr.. Sexton died, leaving an estate
worth about s65. 900. 90. and was sur
vived by five children. three sons and
two daughters. From the evidence
one gathered that the eldest child.
now Mrs. Penney, stayed at home.
and worked for her parents until she
was in her twenty-fourth year, did
general house work, and helped in
every way. and then left home. She
received from her father in his life
time absolutely nothing. but was
given in the will an unimproved
eighty acre tract of land. The next.
q son Thomas. left home when ne was
twenty, and went to live upon farm
of l60 acres. Ever since he has had
the income from the farm its rents
and profits. and in addition to this
received from his father money to.
what amount he refused to say. He
stated he could not come within three
thousand dollars of the amount re-
ceived. He was given an eighty acre
farm by the will.
The next child Daniel left home in
his eighteenth year. He was given a
farm. under the will. valued at
sl4. 10000.
The next child was Ellen, now Mrs.
O'Donnell. 1t appears from the
evidence that she, from the time she
was eleven years. until she was IN
her seventeenth year. MIXED from six
to fifteen cows morning and evening,
8 worked in doors and out doors, in the
field and around the house. When in
her seventeenth year, her mother was
taken sick. and she. in addition to
doing the house work. nursed her
sick mother until the latter was
called to her reward. and then did all
the house work for the ensuing nine
years. and married when about twen-
ty-fve. 1t seemed that she was the
favorite child of the father. and, he
wanted to live with her after her
marriage. and wanted to always live
with her. and she. for year or two
after her marriage. did the washing,
baking. sewing and mending for hel
brothers. and once week. it appears
drove from her husbands home rt
where the brothers lived. some sis
miles away, to clean up the house fol
them. She was given by the will
eighty acres of land.
James. the youngest son. left home
and married before he was twenty
one. He received under the will, /;
farm valued at $751; 90. and person
al property worth s5oo0.oO and up
wards. It appeared from the testi
mony that the old gentleman told hi
priest. Rev. Father Meager in tn,
presence of one or two of the boys
that he desired the property divide,
equally between his FIVE children
Mr.. Sexton was taken sick in Octo
Der. of disease that made his dealt
follow actual starvation. Hi
stomach could receive and retain n,
food. and he had to be sustained b.
administering food in the unatura
way. and was kept alive by the US
of stimulants from the time he wa
taken sick until his death. the 27tl
day of December last.
It was the claim of the daughter
that their father was So weak il
body. and in mind. that it was impos
sible for him to make will; and tina
the sons exerted such an undue lnflu
ence over and upon the old man
mind. thus weakened by age and dis
ease. as to thwart his desire. and in
duce him to make will. giving tn
great bulk of his estate to two sons
The case was stubbornly prosecute
and resisted; the sons contending tina
the will was valid one. an
ouOuIO OC oOIuIVCCu w pAOO0SSs
The case was commenced Tuesda
morning. and the jury returned it
verdict on Friday morning. findin
against the validity Of the will. j
favor Of the contention Of the girls
and against the brothers.
The verdict is generally sustaine
by the public opinion of the commur
ity. 1t makes an equal and fair dis
tribution. The sons. through their al
torney have filed motion for a ne,
trial. which will come up before tn
Judge for hearing today.
GETS RID OF ANCIENT DEBTS.
COUNCIL. BLUFFS, Ia, Apr
13.-Specal: Last known addres
Voil Ia ,, ia the Way Bernal