Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1908-11-14
Contest Between Brother and
Sister Over Estate Results
in Victory Tor Brother.
ESTATE VALUED At $4,000
Deeds to Realty Set Aside and Interest
in Cash and PeraonaI Property De-
creed to Son Of Late John Sullivan,
Of Jasper County - Sister Had Pes-
s,.,.z 70 uo!.s.s
Special to rimes-Republican.

Specldl TO IlmeS-RepuDNCan.
Newton, Nov. 14.--Litigation over the
large estate Of tn, late John Sulli-
controversy between brother and sis
ter, has been decided by the court in
favor Of Hugh Sullivan. the son. Ths
Sullivan estate is valued at conserv-
ative estimate at $4,000, and the
court holds that the brother shall
share alike with the sister, who had
the entire estate III her possession.
A decision in the case was rendered
today by Judge Pre- ston, Of Oskaloosa,
who came here to hold special ses-
sion Of court in order to render his
opinion. The case was submitted last
September under The title Of Hugh
Sullivan against Kirtie Kenny.
John Sullivan WAS resident OF
Prairie City and the plaintiff is son
and the defendant daughter Of de-
ceased. Prior to John sullivan's death
the son commenced action to have a
guardian appointed for the old man,
alleging that he was Of unsound mind
and incapable Of managing his prop
erty.
Mrs. Kenny, whit, Is resident Of
Ontario, Cal. came to Jasper county,
and on the plea that she did not like
the idea Of having the court declare
her father Of unsound mind, induced
her brother to dismiss his application.
Secures Deeds to Property.
No sooner had the daughter Of Sul-
Ivan secured the dismissal Of the ac-
tion than she induced her father to
deed to her AL OF Isis real estate and
to give her possess on Of the personal
property, which included cash sum
Of $1,000. In addit on to the personal
property was a farm Of 572 acres Of
Jasper county land, admitted in court
to be worth $4,000, and an orange
ranch in Ontario, Cal, which has since
been sold for $1S,0DO.
Mrs. Kenny, after securing possess
sion Of the estate, took her father to
her home in California. Prior to that
time he had been living with the son
in Prairie City. y
Brother Starts Investigation.
AS soon as Hugh Sullivan found his
father had gone west he suspici0ned
that all was not right, and on investi-
cation found the deeds to the property
on the records. He Immediately com<
menceds action to have these deeds set
aside, on the ground that they were
procured by undue influence and whila
his father was Of 1nsound mind, and
he had himself appointed as his fathers
temporary guardian, and renewed the
former guardianship, suit. Before the
hearing came to trial the senior Sulli-
van died in California, and 1t later de-
veloped THAT he had made will giving
his daughter all the property Prev
dously decided to her. Just prior to his
death Mrs. Kenny had herself ap-
pointed guardian in California, but
Hugh Sullivan secured to himself th(
appointment of administrators OF the
estate.
Court Holds for Son.
In his opinion Judge Preston held
that John Sullivan at the time of his
death was an actual resident Of Jasper
county, and set aside the deeds to all
the property and t;ave the son judg-
ment against the daughter for half OF
the cash, with interest The court also
ordered the Jasper county land parti4
toned between the two heirs, the verS
dict thus being q big victory for Hugh
Sullivan.
Mrs Kenny's attorneys have an
nounced that they will appeal the case
to the supreme court.