The Oskaloosa herald. (Oskaloosa, Mahaska County, Iowa) 1885-1919, 1908-07-02
in THE DISTRICT COURT
Disposition Of Various Matters by
Judge and Jury.


siderable attention, especially in the
neighborhood where the parties con
cerned are known. The case was the
outgrowth of family differences which
have caused much feeling. The affair
has now gone beyond the confines OF
home privacy and neighbors have been
brought to one side or another. IT Is
said that great portion of the neigh
borhood in the locality of the Van Hou-
ten place has been drawn to one side
or another and that the trial has re-
suited in some bitterness.
H. Van Houten is Hollander who
came TO the county some years ago,
He acquired considerable property in
the northwest part of the county and
has accumulated a valuable estate
The old gentleman is now past ninety
years of age and he may or may not
be somewhat eccentric in character
Some time ago, so it appears, the old
gentleman, either of his own accord
or prompted by the opportunities OF
friends and relatives, made a Will
Some of the children other knowing
the nature of the terms of the viii or
imagining its provisions to be unsatis-
factory sought to have alterations
made. Objections were made and dis
agreements resulted.
The elder Van Houten has been con-
stantly attended by devoted daugh-
ter. Sykje Van Houtcn, who has cared
for him and who is an inmate OF the
old home. The children could not
agree about the affairs of the father
and the matter, was taken before at
torneys and then into the district
court. A son, William Van Houten,
made application for the appointment
of a guardian for the father. The son
set up the claim that the property was
running down. that his father could
not care for the place as it should be;
that he was incompetent on ac-
count of his age; that the care OF
the place was too great burden for
his declining years end that the value
of the estate through his inabifty to
properly manage was shrinking. A
guardian, it was claimed, was neces'
sary that the interests of the several
heirs to the estate might be properly
safeguarded.
When the case was brought into the
district court, Judge Byron Preston
being in the city, took the hearing to
relieve Judge Willcockson. The hear
ing occupied number of days and
quite a number of witnesses were ex-
amined for both sides. The attor-
neys. went well into the matter. The
elder Van Houten and his daughter
Sykje were successful in their OPP
position to the appointment of a guar
dian and the judgment of the court
was in their favor.
Penn College, through their attor-
neys. ]. F. and W. r. Lacey, have
started an action in the district court
against S. B. Sinclair and the Bankers
Surety Co, of Cleveland, for breach
Of contract. They ask for Judgment
on the bond for the sum of $1,000. The
contract in the controversy, 1t is al
legged, was entered into between Mr..
Sinclair and the college on April s,
1907. for the building of the new Penn
gymnasium. According to the terms
of the contract, Mr.. Sinclair in taking
the contract was TO furnish certain
materials to be used in the construc-
ton. On the 18th day of the same
month the surety company, a defend
ant in the suit, executed a bond for
the faithful performance of the con-
tract in the sum of 1900. 1t is al
legged that Mr. Sinclair then started
the work of building the gymnasium,
but had not finished when, on March
10,190S, the Hawkeye Lumber Co. filed
a lien against the property for the
sum of $496.32 for lumber furnished
the contractor Later the firms of
Hamilton e Hamilton and the Oska-
loosa Traction & Light Co. filed sim
liar liens for S1S0.l5 and s175 respect
lively for hardware and electric wiring.
1t is alleged that it was the luty OF
Mr.. Sinclair to pay all OF the claims
for material used in the construction
of the building, and by his failure 10
do so there has been breach of con-
tract, and the college asks for judg-
ment against him and his sureties in
the sum of $1,000.
r. w. Moore and wife. Mary Moore,
have been made defendants in an ac-
tion In the district court in which their
daughter-inlaw, Mrs. Ella Moore, is
endeavoring to collect $4,000 dam
ages for their alleged alienation of
her husbands affections. According
to the allegations in the petition, the
plaintiff married Frank F. Moore at
Cedar ON April %. 1904. and that for
a short time thereafter they resided
with her husbands parents. The
plaintiff alleges that the parents grew
TO dislike her and talked to her hus-
band In damaging way for the pur-
pose of inducing him to leave her. As
a result she claims TO have sustained
damages I'M all 10 the amount of sio,-
600, for which she asks judgment with
interest and costs.
Mary Bland has filed petition with
the clerk of the district court against
her husband, VIM. Bland. with whom
she was married in 1884 at Ames, Ia,
in which she asks for divorce, the
H. ...G,.<s. ohfl1 opd oil