The Detroit times., 1909-03-31
WIDOW TO
GET FAIR SHARE
OF ESTATE
JUDGE SWAN REVERSED IN CASE
or WOMAN CUT OFF ~
WEALTHY HUSBAND WITH BEG
. CARLY ALLOWANCE.

The United States circuit court of
appeals in Cincinnati mas reversed
the decision OF Judge swan, made in
the circuit court for the eastern dis
trict of Michigan, in the case OF Caro-
line Eddy against the otner heirs OF
her late husband. Charles X. Eddy, a
wealthy mmberman. of Saginaw.
This case attracted much attention
when tried here last May because of
the romantic features involved.
Charles X. Eddy had youthful
sweetheart from whom he was parted.
both marrying. Later, when their con
sorts had died. they met again and
were married in their declining years.
Before marrying. Eddy divided his
property, giving each of his three chill
dren one-thrtd.
Al his death. II was found that he
had left his widow but $500 per year.
Ills son. Walter s. Eddy was made
executor aud visited the widow in Cal
ifornia In a bill of sale which she
gave him for some furniture, for which
ne paid her $500, was included pro-
vision by which she accepted the tes-
tamentary provision and gave up her
right TO ask for "a widows share in the
probate court.
Attorney Harry Helfmann. of May
bury, Lucklng. Emmons Hermann,
visited her later to get an affidavit III
regard TO the Mills divorce case and
learned the facts. AS result suit
was brought In the federal court To
secure larger share OF the estate for
her Judge Swan dismissed this bill
and his action Is now reversed.
Judge Severens, I'm his opinion.
states the opinion of the court that
the millionaire's merger provision fof
his wife was due 10 his solicitude for
peace In the family. In regard TO the
conduct of Walter $. Eddy. the ex-
ecItor. when he visited his step
mother. the court says:
IF, as he says he told her there was
statute in Michigan under which she
might elect, he did not tell her what
its provisions were. what share of the
estate she would get under II, or how
long time she had In which TO in
form herself and make her choice,
He gave her the impression that il
was OF value which would make her
share under the statute about of the
value OF her annuity under the will.
The court points out that Eddy had
with him copy OF the petition OF the
will for probate in which the value OF
the estate is given at $4,000. 1T *
fair to presume that he did not omit
to- point out that statement" adds
Judge Severens Gle had IL for some
purpose"
He goes on to say that the step
mother vas taken to Oregon and
placed in "a little old shdck--a couple
" rooms that was boarded up and
down" The court describes the bar
gain driven under which the widow OF
man whose estate was worth from
S40G. 900 TO $500. 900 was induced to ac-
-ept in its lieu an annuity the present
value OF which was not more than
$500.
HE dealt with her cOurteously as
'ar as GOOD manners went says the
court. THAT was a good means 20
his end. But II was nard bargain.
The court OF appeals SETS aside the
bill Of sale executed by Caroline Eddy,
the widow. in 1901, shortly after her
husbands death. and orders that she
be given an accounting in the federal
court both as TO the personal property
and real estate of the late Charles r..
Eddy.
1--WE do not know on what grounds
The court below dismissed the bill,
saws Judge Severens in part OF SEN
fence referring to Judge Swans de-
.isiou