The weekly Republican. (Plymouth, Ind.) 1911-1922, 1911-12-28
WILL IS NOT BROKEN
Many Witnesses Examined In An
Attempt to Sst the Will of Isaac
Herman On Insanity
Charge.

In the Isaac HERMAN will case
that was decided by the jury Thurs
day night in favor of the defendants
an explanation further than the
mere statement of the verdict is
deemed necessary to a full under
standing of the cause.
Isaac Herman had several daugh-
ters, and one son, Benjamin. Dur
ing his life time, there came to his
home a girl who had been cast out
on to the world, who was taken In
and given a home, and afterwards
became the wife of the son Ben, ap-
pearing In the case as Katie Herri-
man. After their marriage a home
was built near the family home, and
an arrangement was made between
father and son by which the son run
the farm on a basis of three-ffths
to himself and two-fifths to the
father. When the wife Of Isaac
Herman died he made a will, which
favored the son above the daugh-
tiers, they having married, leaving
the old folks to the care Of the son
and his wife. One of the daugh-
tiers had gone from home and mar
ried Sam Stewart, whose name has
been familiar to readers of the Re-
publican of late years.
Later on when the son Ben, died,
another will was made. In the max
ing of this will the families of the
daughters Jared about alike, but
there being twenty-nine grandchil-
dren, the testator showed favoritism
In the bequests to several Of these.
Among these twenty-nine grandchil-
dren were two children of Sam
Sewart, and they were not among
the favored ones. The reason not
being . part Of the case.
Under the law, if Mr.. Herman
had left no will, the daughters
would have shared equally in the
property, but as the, will was made
it left them and their children with
varying amounts, which were not
satisfactory to some of them.
At the same time that the will was
drawn, deed was made to twenty
acres of land to Katie Herman,
the wife of Ben Herman, who had
cared for the father after the death
of his wife, and who took care of
the older man even after the death
of the son. Besides giving this
twenty acres to his daughter-in-law,
Mr.. HERMAN also left her sum of
money, about .$147.OO, out of which
= she was to pay for certain things
about the grave, which being done
reduced the, amount to about $104
The original action was brought to
set aside the will, and in the same
paragraph, was the setting aside OF
the deed made to Katie Herman
of the twenty acres of land. The
Attorney for the defense raised 9
point at the opening of the case
that two causes could not be brought
In the same case or paragraph, and
the point was sustained by the judge
the last part was stricken out, ani
the case limited to action to breal
the will, leaving the matter of the
deed for future complaint.
Inasmuch as the breaking Of th'
will only involved the legacy Of
$147.eQ given to Katie Herman
under ordinary circumstances i
would not be worth quarreling over
but the point was, if Isaac Herrimal
was insane when the will was made
it would be easy to prove him insan
when the deed was made.
The real cause is easy to see into
Mr.. Herman sought to disoose o
his property while alive in such
way as was satisfactory to himself
and contrary to what the strict lay