The Leon reporter. (Leon, Iowa) 1887-1930, 1911-02-09
THE VOORHEES, ESTATE.

| THE VOORHEES, ESTATE.
Judge Evans Makes Decision in Fa-
| nous Case at OsceOla which Has
| Attracted Much Attention..
| The Reporter has several times
published articles in regard to the
Voorhees, Estate which has been the
subject of much litigation in Clarke
county courts, and a final decision
was rendered last week by Judge
Evans in which he holds that Mrs.
Catherine Burnett had not establish
ed the fact that she was sister OF
the deceased, and was not entitled
| to his estate. The OsceOla Sentinel
gives the following account of the
outcome of the strange case:
Judge Evans has decided the case
of Catherine Burnett ct al VS.. Eliza
beth G. Atwell ct al, better known
to our readers as the voorhees, Es-
tate" case in favor of the defendants.
After reviewing briefly the his
tory of the case, Judge Evans says
that the entire case rests upon the
one question of whether Bernard
Ennis and Ralph Voorhees, were one
and the same person as claimed by
plaintiff or different persons as
claimed by defendants, Ralph Voor-
hees, being the father Of Eben K.
Voorhees,, and Bernard Ennis an UNI
Gle of plaintiff whom she claimed
was brought to this country by an
aunt and given the name of the man
whom the aunt married.
~ of
Mich, in 1886, and Eben r. died
at Murray about two years ago.
Mrs. Burnett put in claim for a
share in the estate on the alleged
relationship.
The defendants admit that Edward
Ennis, the father of Mrs. Burnett,
had a brother Bernard Ennis or
Bryan Ennis, claimed to be the same
name or different forms of the same
name, but that he grew up in Ire
land, raised family there, died
in 1866 and was buried in Knock
mount, near where he was born.
They submit affidavits from sister
Of the two brothers, from a son of
Bernard Ennis and a nephew, all of
whom still live in Ireland showing
of that community all his life.
Touching upon the more impor-
tant exhibits and claims of the de-
PENDANT in substantiating her rela-
tionship, the judge comments much
to the discredit of the witness.
He says the evidence, compared
with the former trial shows change
of front in order to conform with
incontrovertible facts. He states
that plaintiff has changed the date
of their coming to America about
ten years in the two trials, that at
first she claimed they were in this
country eight years before locating
at WOODBURY. and now undisputed
evidence shows that they were here
but two years prior to location in
this county. He says: THE whole
of the plaintiffs evidence set forth
in this case bears the ear-marks OF
deception in so far as they relate to
the attitude of Catherine Burnett,
and she is the active and forceful
one of the plaintiffs in this case. The
court is thoroughly convinced that
her testimony uncorroborated would
be entitled to absolutely no weight
because of the many contradictions,
and the many things in it which
show that she was seeking to har-
monte her evidence with the sltua-
ton as it might arise from time to
time, without reference to her per-
sonal knowledge
He says that the alleged record
of the family births and marriages
known as exhibit "F', is entitled to
no weight whatever, that it is writ
ing of very recent origin, within the
last two or three years. Also the
family record known as exhibit 3D.
is pronounced largely fake.
He called attention to the fact
that &c" shows Edward Ennis was
born May 10, 1920, and exhibit "31'
which is a certificate from the par
ish priest shows that he was bap-
tiled July 20, 1918. That tile mar
riage certificate of Ralph voorhees,
and Palmyra Chandler shows him
to have been born in 1911 while the
evidence of plaintiff places his birth
in 1915.
After calling attention to other
evidences of similarity in the writ
ing in the records and of certain
letters admitted to have been writ
ten by Mrs. Burnett and tending to
prove she prepared the records, the
Judge takes up the telegram which
secured a new trial and which in
the opinion of all who watched the
case was the strongest piece of evil
dence introduced by Mrs. Burnett
After reciting that the operator,
Mr.. Hill, who is now bank cashier
in Colorado, testified that he be-
lieved the handwriting was his, al
though he had no recollection CT the
same, he goes on to say ''This tele-
gram was written nearly 25 years
ago, that is, if it is genuine. The
plaintiff, Catherine Burnett, claims
she found it in an old tool chest
about their place. There are things
about the telegram which would
raise a doubt about it's genuineness.
First, it is written on a send night
HANK hut this is not so serious so