Forest City press. (Forest City, Potter County, D.T. [S.D.]) 1883-19??, 1912-07-04
COMMON Law SON
SUES UNDER WILL
Arkansas Laborer Demands Ac-
counting Of Brothers For
Large Sum Of Property.

Benton, Ark.-Special: James A.
Brown, a day laborer, aged 26 years,
and a son by common-law marriage OF
the late James A. Brown, millman and
planter, has sued T. j. and w. III.
Brown. his elder half-brothers, for an
accounting Of his fathers estate. al
leging that since he vas eight years
of age he has been deprived of the
enjoyment of one-half of his parents
estate, now valued at $3.50, 900.
A remarkable feature of Browns case
is that the will making him heir to
property to equal to that given to his
two brothers is on file and the pro-
bate records shows that he was pro
duced in court by T. ]. Brown. his cid
est brother. who was his guardian, and
all formalities complied with.
James A. Brown declares in his Pc
tition that he did not know until six
months ago that his father had made
him an heir n not until he had placed
the matter INTO the hands of an attor-
ney did he discover that his name had
been used in carrying out his fathers
wishes
Father Died In 1894.
James A. Brown settled in Arkansas
soon after h Civil war. His home
was near Woodson, this county, and
at the time of his death he owned much
Arkansas river bottom land. He died
July 5, 1894, and was survived by two
natural sons. The following paragraph
of his will is quoted from the record In
James A. Browns complaint:
1 give and devise to my son,
James A. Brown, by Mary May
den, to whom I have been
married, the-various tracts of real
estate-to have an to hold the same
unto the said James A. Brown for
during his natural life, the re-
mainder to his lawful heirs of his
body and their assigns forever.
A cotton gin and mill and personal
property were left to T. j. Brown and
j. A. Brown to be shared equally. t.
j. Brown was mad executor, as well
as guardian of the minor heir and trus-
tee of his property rights. The Will
was %probated July IA, 1894.
James A.. Brown charges that ne
was purposely KEPT in ignorance of
the fact Of the existence of the will
and of the fact that he had any right
in the property of the deceased father
by design of the defendant, t. j. Brown
and by the fraudulent confederation
and conspiracy of the u.
j. Brown and w. H. Brown.
Another Person In Court.
1t is charged that T. j. and w. III.
Brown have acquired the estate to
themselves and that the property of the
elder Brown devised to his younger son
was worth, at the time of the test
ator's DEATH, $4,000 and is now worth
$3.50, 900; that the defendants have sold
$4,000 worth of timber belonging to the
plaintiff.
James A. Brown declares he was no,
in court on Oct. %. 1899. when certain
records were made, but that T. j
Brown took some young man before
the court, representing that he was
James A. Brown, and "by false rep
RESERVATIONS induced the court to make
an order removing the disabilities OF
the person whom he represented to the
in fact the plaintiff, when in truth the
said T. j. Brown knew that the person
whom he had presented at the court
was not the plaintiff, n knew thai
the representations he made to the
our were false
The real estate consists of 1000 acre:
of river lands, all in cultivation, will
800 acres of accretion, the latter valued
at $25 an acre. The annual reveunt
from the property is estimated at $25.'
600. Attorney Oscar H. Winn, of Lit.
tie Rock, Ark. counsel for James A
Brown. has 175 ages of abstracts deal
ing with the property at issue, which
will be used in an effort to assist i,
establishing allegations of fraud. Thu
plaintiff seeks to recover about $1,000
and to force an accounting for thu
years 1894 to 1912, inclusive, and tina
all lands that may have been b%equeatet
the plaintiff be vested in him and thu
defendants Invested of the same.
The charges of irregularities are al
denied bv the defendants.
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