The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-10-03
BARNES ENDS
Litigation Over Life insurance
Terminates at Last.
Judge Dana Decides Widow Is
Entitled to Money.
MAKES OBSERVATIONS.
Intimates That Marriage Was
Not One of Love-
Sons Not to Blame for Contest
ing Payment.
MAKES OBSERVATIONS

The case Of the three sons of E.
Barnes against their stepmother, Mrs.
Mary I. Barnes and two insurance
companies, the Modern Woodmen and
the National Union, was decided in
district court today by Judge Dana, in
favor. of Mrs. Mary I. Barnes, defen-
dant in the suit and widow of the late
z. Barnes
The suit was for the purpose of pre-
venting the Modern Woodmen of
America from paying to the widow
policy of $4,000 and the National
Union from paying her a policy of 3d.
900, upon the life of the late E.
Barnes an invalid, married middle
aged widow, with whom he had pre-
nuptial contract, which has been es-
tablished in court, and is considered
genuine. In this contract, he agreed
to leave her, among other property
his life insurance of $4,000 in the
above two companies, or benevolent
orders. The sons OF the deceased, H.
E. Barnes, +. E. Barnes and E. r.
Barnes, brought suit to stop the pay
ment of the policies, on the grounds
| that prior to the death of their moth
| err, Mrs. Barnes No. 1, she had made
an agreement with her husband, that
| in case of her death, the insurance
policies then in her favor, should be
transferred to the favor of their three
sons In equal shares. The older
Barnes, in his pre-nuptial agreement
with wife No. 2. evidently evaded this
agreement in a legal way, by cancel
| ling the policies and renewing them in
favor of his new wife.
This is not the first trouble which
| Mrs. Barnes No. 2 has encountered.
She was first charged, by inference,
| with causing the death of her aged
and decrepit husband. A coroner s
inquest and other proceedings were
held. but she was never arrested on
any charge. The Barnes sons next
contested the will of their father, who
left practically all his property to his
new wife. This was also failure in
favor of the wife, and this, the last of
| the suits, resulted in like manner.
Judge Dana, in rendering his short
decision today, was not complimentary
to the widow. He said in part:
| I'm this case, the sons of the de-
ceased, can not be blamed for their
antagonistic position. Their father
was an old and decrepit man at th~
time of his second marriage, and it Is
unreasonable to suspect for minute
that this buxom, middle-aged woman
married him for love and affection.
These Barns boys are excusable for
their attitude of defense, but in this
case there is little for this court to de-
| eide, as the case is Clearly one Oh law
and not sentiment. The late Mr.
Barnes was shrewd in his infatuation
and left no loophole. By cancelline
and renewing again these insurance
policies, he broke away from every
obstacle, and Mrs. Barnes is undis
putabiy the winner"
Several months ago. the two benef1
orders in which Barnes was insured
signified a willingness to pay the in
surance in full but as the suit haC
been filed. were in doubt as to thu
| beneficiary. Therefore the repre-
sentatives of each company conferred
together. and decided to get the mat
ter off their hands. To this END the,
each handed the entire amount of tn
policies IS, 900 in all, to r. L. Thomas
clerk of the district court, and took hi
receipt. Thomas now holds tht
money. and is ready and willing TO pa.
J 1t to Mrs Barnes, the winner, upon in
structions from the court.