Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1910-02-25
SURPRISE SPRUNG
IN WILL CONTEST
Counsel for Heirs of Brown Seek
To Have Action Dis
missed.
PLAINTIFF RESTS ON STATUTE
Defense Claims Action Brought Under
Common Law-Judgc Powers Ad-
dresses the jury Today.

TO prove during the action to break
the Will of the late Senator Brown, the
defense sprang' a surprise In the ma
ture of an objection TO the introduce
tion OF any testimony In the case on
the ground that the complaint stated
a common law action, while the state
ment of the plaintiffs counsel showed
that the basis of recovery on behalf
of the Bradley children was a statu-
tory one The complaint was therefore
alleged to be insufficient and that il
did not state a. cause of action The
argument on this motion was not con-
cluded at the hour OF noon recess. The
effect of the motion, II granted, Will
be TO throw the present action out of
court. or force the plaintiffs to so
amend the complaint as to bring the
case under the provisions of statutory
law. which means that the two chill
dren of Mrs. Bradley must be indicated
as illegitlmate in the complaint, and
that they have a status In court upon
the alleged acknowledgements that they
were her children by tho late Arthur
l.. Brown.
Judge Powers said the matter was
one which should have been dispose
OF before the action commenced, and
said that in his opinion II was just
he would consent to the amending OF
the complaint. however If the court
ruled it necessary. He had not con-
cluded his argument on the question
when the noon hour arrived
CHILDREN IN COURT.
The two Bradley children appeared
in court with their mother this morn
ing for the first time The elder of the
" ri
old, and the younger, Martin Mon
gomery Brown Bradley. is years old.
They are bright little fellows and hr
peared by their actions in court to be
very fond of their mother the smaller
one Insisting on sitting In her. lap and
fondling her face and hands. The older
boy was more sedate, and appeared
TO take some interest in what was go
ing on in the courtroom
Judge Powers. Immediately upon tho
opening of court, began his opening
statement to the jury. stating upon
what grounds the plaintiffs expected
10 prove that they were entitled to in
herit their share OF the property of the
late Arthur l.. Brown, and to establish
the fact that he was their father
This action is n contest of what is
alleged TO be the last will and testa-
ment of the late Arthur l.. Brown"
pose of establishing-and this is of
more Importance to these children
than the mere possession of money
their parentage. AS the plaintiffs
arc both under age, the action is
brought in the name of their grand
mother, Mrs. Madison, who was ap-
pointed their guardian for the pur-
poses of this suit by the court. It is
not an action by Mrs. Bradley, their
mother, nor by their grandmother, but
by themselves alone. and brought to
show that they are the children of
Arthur Brown. and that they are en-
titled to Inherit part of the property.
DELUDED IN MAKING WILL.
Arthur L. Brown died Dec. IL. 1906.
His VIII is dated Aug Il. 1906. Under
the provisions of the win Max Brown,
son of the deceased was appointed
executor, and the will was admitted
TO probate. Max Brown attempted to
dispose OF thousands of dollars worth
OF property, and attempted TO prevent
these two children from obtaining their
snare of the proceeds Then this ac-
Ton was brought and an Injunction
was asked preventing Max Brown from
dlsposing OF any of the property of the
late senator Brown upon the ground
that deceased was not of sound and
cutting of the two Bradley children,
and stating that he did not believe
they were his children. We shall show
that when he made his VIII Arthur
Brown was laborin8 under a delusion.
caused by intoXlcation. and that he had
peen habitually addicted to the excess
SiNe use OF lntoXicantss on this ground
we ask that the probating of the will.
the letters tcstamentary issued tn MAY
Brown. and that the will Itself be set
aside and that the two children of
Arthur L. Brown be permitted TO share
In the estate of their father
ono OF the principal things to be
proven by the plaintiffs Is that they
are the children of Arthur Brown
This will affect oil their future
NE, and is of more importance To them
tnan the property This action Is to
estaphsh the parentage OF these chill
dren and their right TO inherit under
our law, which declares that children
born out of wcdlock become heirs II
acknowledged by the father We shall
snow that when under the influence of
nquor ne cursed his friends and fled TO
ms enemies and turned from those he
loved best when he was himself
BROWNS LEGAL ACUMEN.
Mark you. gentlemen of the iury.
ms legal acumen displayed In that very
same VIII. Note tho reason he clvc1
lor dlsinherlting these children. n e
not because he says they are not his
children, but because he saws he docs
not believe they are his children. He
knew as lawyer that if thew were nor
his children II were not necessary IA
exclude them in the document. tho law
excludes those not heirs from Inherit
Ing unless specifically enumerated nv
the testator rs heirs"
The relations existing between the
late senator Brown ana Mrs. Bradley
were referred to. and Judge Powers
sald the plaintiffs were prepared tc
prove beyond a reasonable doubt that
Brown was the father of these ch,J
oren He said one of Browns yagarics
was that he made Wills every nm
while, got in the habit of IL. in fact
and he would call people In to witness
VIII nc had drawn at different tfmc3
Judge Powers told OF how Brown and
NlIs' braoley became acquainted by
associatinG In politics In 1892 "Artbu-
L. Brown was not only a leading law
yer and great politician" said Judge
Gowers. but he was a past master al
the art OF seduction, and he bent all
his Efforts to possess Mrs Bradley and
finally succeeded. Mrs. Bradley wna a
married woman. though she was moi
living with her husband. She was Load
Ing an unhappy life. Her husband had
iett her and gone to Nevada, l believe
on account of some offense. Mrs Brad
ley admired the ability OF the senator and
woman-like was dazzled by the pusi-
tions he held, and finally yielded Brown
made her a peculiar proposition and
that was that she should bear him n
child. This she refused to do until he
promised to acknowledge the child as