Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1908-05-04
MRS. PEGG KEEPS At N.
Woman Who Lost Estate Be
cause OF Common Law Mar
riage Wants Rehearing
CASE OF WIDE INTEREST
e OF WIDE INTEREST
Big Estate Involved in the Litigation
Thaws and Not the Freeze That
Hurts Fruit Buds - Greene Believes
Much Fruit Escaped Harm-Iowas
Most Valuable Railroad.
Special to Times-Republican.

Des Moines, May 4.-On the ground
that the supreme court of Iowa has
not made the proper distinction be-
tween "implied contract" and express
contract" Margaret Pegg has filed
with the court petition for re-
hearing in the suit she instituted to
secure part of the big estate of Elias
w. Pegg. of Harrison county, on the
ground that she is his lawful widow.
The opinion of the supreme court
was given at the last sitting of the
court and affirmed the decision of the
the woman was never legally married
to Pegg and so could not be his wild
was Margaret Asher before the alleged
marriage to Elias Pegg, claim that the
court has confused two law terms and
failed to properly apply the law. The
two had lived in the same house for
some time with Mrs. Asher employed
in the capacity of housekeeper. lrate
neighbors had caused their arrest and
to avoid further arrests they had gone
to the office of their lawyer and there
contract of marriage was drawn up
and signed. Thereafter the woman
still went by the name of Margaret
Asher and even signed her name in
that way to the telegram to his rela-
tives notifying them of his death.
". ,rf hn11 no hn
contract did not constitute marriage
and that to have made the contract
complete it would be necessary for
them to change their relations toward
each other. Attorneys for Mrs. Asher
Pegg charge that the contract made
in the lawyers office was express"
and complete. but that the supreme
court has treated it as ar implied
contract to be completed only by fur
Their actions on the part OF the two
principles. Attorneys are watching
the case with considerable interest, for
the law of it and on the outcome of
the petition for rehearing and further
action of the supreme court depends
the disposal of considerable amount
of the property of Elias Pegg who was
a wealthy Harrison county farmer
80
1t is the thaws that hurt the fruit
and vegetables and not the frosts. ac-
cording to State Horticulturist Wesley
Greene. Mr. Greene returned Saturday
from Florida, where he spent the
greater part of the winter He has
had but little time to examine the
fruit of Iowa since the cold snap, but
believes that much more of the fruit
escaped than people surmise because
the cold nights were followed by
cloudy weather which permitted the
frost to come out of the fruit and
vegetables slowly.
"That is one Of the secrets of cold
storage" said Mr.. Greene today, "and
cold storage men have been slow to
become acquainted with the fact. APP
pies can be kept in cold storage for
almost any length of time at a tenn
perature Of 80 to 81 degrees or just
below the freezing point and keep
nicely if the frost is allowed to go out
of them very slowly. If a barrel of
apples kept in cold storage at such
a temperature is taken out and op-
ened up and the apples allowed to thaw
out fast they will spoil soon after.
If the temperature is merely raised to
a little above 80 and allowed to re-
main so for some days and then the
raised gradually above
that before the apples are opened, they
will be serviceable for some time.
81 have not had time to examine a