Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1911-01-26
lrrlE DAUGHTER OF LATE JOHN
v. KELLEY SUBJECT or
CONTROVERSY,
TWO oUARo!ANs APPOINTED
~ DIFFERENT COURTS
Grand parents Given Custody Of Little
Girl in Floyd County and Aunt in
csrsp Gordo county-Fa thsr Wished
Grandparents to Rear Girl - Has
Small Estate and Guardian Nseessary

Mason City, JAN 2e.-An interesting
piece Of litigation has arisen between
this county and Floyd county over q
demure little maiden. Maude Kelley.
aged 2 years, the daughter Of the late
John v. Kelley. q mail clerk on the
Central who died at Eldora Of pneu-
monia about three weeks ago. Mr.. Kel-
ley always claimed his residence at
Dougherty and his body was inferred
there. The trouble is over the possess
sion Of the little daughter. who is now
orphaned. a. her mother died some time
ago, since which time she has made her
home with her grandparents, Mr. and
Mrs. Cannon. Of Nora Springs. Mr..
Kelley is believed to have died pos
sessed OF about $1,000 Of property
among other assets an insurance policy.
The little one is claimed also by Mrs.
Mary J. Carney. of Doughsrty, q sister
of the deceased father Of the child.
Two Named as Guardians.
After the death OF Mr.. Kelley, the
child's grandparents, Mr.. and Mrs.
Cannon, remembering that Mr.. Kelley
his child in case Of his death-having
expressed the same in writing-they
went to Charles City early this month
and requested that they be legally APP
pointed guardians. Mr.. Graham, coun-
ty clerk, after looking over the papers,
brought by Mr.. and Mrs. Cannon and
noting in particular the request OF the
deceased Mr.. Kelley, decided to appoint
them guardians Of the child and of the
property which would come to It thru
its deceased father, providing bond
OF $4,000 was furnished. This was done
and the papers issued after Mr. Gra-
ham had satisfied himself that he was
acting within the law which states that
guardianship papers shall issue in the
county where the person needing pro-
lection lives.
Another Claimant Appears.
At about the same time. Mrs Mary
j. Carney, of Dougherty, a sister Of Mr..
Kelley. appeared before Judge ]. ].
Clark, of Mason City. made affidavit
that Maude's home is at Dougherty in
Cerro Gordo county, together with 9TH
er facts necessary to establish her
claim and she was given the guardian.
ship Of the Child and its property.
Judge Clark granted the prayer Of
Mr.. Carney. Jan. 10 and Clerk Graham
that OF Mr.. and Mrs. Cannon, Jan. IS.
41S AAl$AAlCA VI PAAO VI appointment
does not appear to be an important
element in this case but according to
law, whore was the caild's home and
who accordingly had the power of con-
fering guardianship?
Grandparents Want the Child.
As Mr.. and Mrs. Cannon have be-
come very much attached to their
grandchild and as 1t was It's fathers
wish to have them retain and bring
her up, they naturally will be loath
to relinquish their claim. Mrs Carney
Is equally determined to have the child
and bring her up according to her re-
ligious beliefs. Such a crossing of legal
purposes can result in but one way and
that Is an action OF habeas corpus to
disclose who has the better right to
possession Of the priced little orphan
The result Of this contest will, no doubt
be watched with considerable interest