Omaha daily bee., 1908-06-12
WESTERN UNION MUST PAY
Father-in-Law Not Notified of Death
of Daughter-in-Law
SPLIT HAIRS IN WILL CASE
Hull's Lead in Seventh District Cut
Down to Three and Most of
Polk County Yet to BE
Crrom a staff Correspondent

~ I'M a AoA "
DIES MONIES. Tune 11.-(Special.)-A
man Is entitled to damages for injury to
his feelings If a telegraph company fails
to deliver a message telling him of the
death of his daughter-in-law, according to
the supreme court of Iowa. The decision
was given In a case which involved the
failure of the Western Union to deliver a
message from w, J. Foreman of Wausa,
Neb., to his father. James Foreman of
independence, Ia, telling him of the death
of Mrs. w. J. Foreman. The death &C.
Cured September 20, 1906.
The district court of Buchanan county.
at the close of the plaintiffs testimony,
directed a verdict for the plaintiff In the
sum of 81, the cost Of sending the mes
sage, which the son had paid. on the
ground that the relationship of James
Foreman to his daughter-in-law being by
affinity was not such as to presume pain
and suffering in case of failure TO deliver
the message. The supreme court reversed
the case and sent 1t back for retrial.
Other Supreme Court Cases.
The supreme court today decided that
the evidence was not conclusive that
Thomas D. Cornell committed suicide, and
reversed the case of his widow against the
Iowa State Travelling Mems association
for insurance in favor of the widow. He
was found dead in the north part of this
city with a revolver in one hand and two
empty cartridges in the revolver. The
Travelling Mems association has a clause
against suicide. The court holds that it
is for the association to prove that he
committed suicide.
Judge Weaver of the supreme court, in
a dissenting opinion, claims that ''confu-
sion worse COMPOUNDED" has been added 10
fha Instrumentation Of the law In ralatiOn
to Wills by the opinion of the majority of
the court In relation to the will of Lars
Weien of Shelby county. Weien and his
wife each made Wills bequeathing all the
ropeTty to the other. The wife died
first, and after Weien died both wills
were probated. NJ. j. Larson claims to be
a son of Weien, but not of Mrs. Weien.
He claims that the will to Mrs. Weien is
during her natural life only, which would
give min a share of the estate, The opin-
ion of the court was written by Judge
Deemer and says that the Will of Weien
was absolute. The will gives her the
property to be used precisely as 1 N.Y.
self might do II living" giving her the
right to sell or trade or transfer. and says
TO be used and disposed by her during
her natural life" Judge Deemer argues
that she could do nothing with the prop
erty after she was dead, and as the will
of Weien gave her power to will u away
the property passed to her absolutely.
Judge Weaver says If this Is the interpre-
tation, there must be still more hair
splitting in the opinions of the court in
the future TO sustain this view.
Martha NJ. Chirurg and her Russian
nobleman husband will not get any of the
Kossuth and Palo Alto county land left
by her deceased husband. His will gave
= L. 49, 80 IIAH
mother sent her to WELLESLEY, Radcliffe and
for a postgraduate course in Athens,
Greece. When she returned they moved to
Boston. Mass, and the daughter married
a Russian nobleman. Her mother, Mrs.
Abbie S. Ames. claimed he was bogus and
the daughter then sued for her share of
the estate, claiming her mother was with
holding 1t because OF not approving the
marriage. The court holds that the daugh-
ter has already received her two-thirds,
Garst spent The Most.
OF the candidates for the more important
offices. Lieutenant Governor Garst spent
more money than any who have thus far
filed expense accounts with the secretary
Of state. His account shows N,17.50. lie
was a candidate for governor on the re-
publican ticket. Bernard Murphy, = osa-
didate for lieutenant governor, spent Sz5s.Ss.
Anders, the defeated candidate for the dem
ocratic nomination OF congressman in the
Third district, spent $1a-35. Dan Hamilton.
nominated by the democrats in the Sixth
district, spent s.. Tom Anderson, stand
pat candidate for eleetor-at-large spent
Ms and George Whittemore. the demo-
cTatci candidate for clerk OF the supreme
court, spent nothing.
ChanEe Their Name.
At the annual conference Of the bunker
church today II was decided TO change the
name OF the denomination to Church Of
the Brethren"
Congregational Fight Renewed.
Notwithstanding the fact that guards