The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1910-03-15
This Act Alleged to Be Viola
tion of Her Deceased Faith
er's Will and as Result a
Suit Is Filed.
LIZZIE HARVEY ASKS
COURT FOR RECEIVER
w. H. Harris, Who Is Serving
Time for Murderous As
sauIt, Married Deceased
When She Was Over 70.

With the exception of a few items
of her personal property, which were
not of much value, Mrs. Sarah Jane
Kerlin Harris. who died last week
and was buried Sunday from her home
property, both personal and real to
her husband, William H. Harris. who
is serving two to fourteen years sem
tence in Michigan City penitentiary
for a murderous assault ON John d.
Lancaster, last summer.
That contest of the will and testa-
ment of Mrs. Harris will be made was
evident yesterday when one of the rel
atives filed partition proceedings in
the circuit court for division of her
estate among the heirs of Elijah J.
kerlin, and to the exclusion of Will
liam H. Harris. There are some rela-
tives of the deceased who appear to
be satisfied with her will and it now
seems as though these relatives would
make no contest of the will. which
was read at the funeral services Sum
day.
Husband Was Not There.
While it is sometimes customary for
the prison authorities to permit con-
victs to attend the funeral of close
relatives, it was not so in Harris's
case, as he was not present. 1t is not
known what was the reason for his
absence.
Mrs. Harris is reputed to have been
worth several thousand dollars. She
had large and productive farm and
possessed about $1,000 worth of per-
sonal property. She made her will
on February 1, Henry U. johnson and
Joseph NJ. Bulla being the subscrib-
Ing witnesses. In her will she named
her husband as executor, specifying
that in case he was unwilling or in
capable of holding the trust, that his
brother, James E. Harris, of this city,
be named instead. The husband. be-
ing incapable of holding the trust.
consequently his brother James E.
Harris has been named as executor of
the Will and has given bond.
Synopsis Of the Will.
A synopsis of Mrs. Harris's will is
as follows: First, that all her debts
be paid; second. that a tomb stone,
similar to the one over her brother
Johns grave and not costing more
than $50 be placed over her grave;
third, that an organ be given to her
niece Elsie Drew; fourth, that William
D. Kerlin, nephew, shall receive a
picture; fifth, that Rachel Hart, a SIS
ter. shall receive a set of dishes; sixth,
that Lizzie Harvey. a niece shall re-
ceive sewing machine; seventh, that
all the remainder of her property shall
be given to her husband, William H.
Harris, to be his absolutely and for
ever. Provision is also made for the
executiorship of the testament as al
ready described.
Lizzie Harvey, the niece who is Civ
en- the sewing machine, is the plain
tiff in the action instituted in the cir
cult court yesterday against other rel
atives of Mrs. Harris, asking that her
estate be partitioned to the exclusion
of the husband, and for the appoint
ment of receiver, who can farm the
land during the pendency of the ac-
ton. The plaintiff in this proceed
ing held that as Mrs. Harris was CIV
en- the real estate by Elijah Kerlin,
her father, and died without leaving
any children as heirs, the estate
should revert to the grandchildren Of
Elijah Kerlin. Mr.. Kerlin in his be-
quest of the property provided that
this disposition should be made.
spinster for rs Years.
The relations of Mrs. Harris and
her husband created much interest
last summer and not a little adverse
comment. Mrs. Harris, up until the
time of her marriage with Harris.
about year ago. was spinister. She
was IS years old and he 56 years old
when the marriage was solemnized
1t was alleged by relatives of Mrs
Harris, who were dissatisfied with the
union, that Harris married her for her
property. Harris had been employed
as a farm hand in that vicinity for
many years and he did not possess
much property.
Becoming aggrieved at John D. Lam
caster, we'll known gardener, living
north of the city, Harris laid in am
bush one Saturday night last summer
and shot him five times with a revolv-
er. The wounds were serious, but Lam
caster recovered. Harris escaped ar
rest for two days but upon his arraign-
ment In the criminal court on a charge
of assault with intent to commit muir
der. he was found guilty and sentenced
to Michigan City penitentiary for two
to fourteen years.