Norwich bulletin., 1912-11-19
DANIELSON
Judge Bennett Decides in Favor of Widows Claim in Kendall Farm Case-WiIIiam Gleason Dead-Deep Sea Fishermen Make Big Catch.

JuuSS " l1lldIn l.. bennett OI lHe superior court has filed a decision in favor of the plaintiff in the very in teresting case of Kendall vs. Clark ct aIs, recently tried in the superior court for Windham county. The plaintiff is M. Emma Kendall, widow of Amos Kendall, whose death occurred Jan. P, 1911, at his home on the Kendall place at West Wauregan, in the town of Brooklyn. The decision in the case, which had to do with the claims of the defendants that they held interests in the estate of John Kendall, father of Amos Kendall, is that the defendants have Ro title thereto or interest or estate in said land, and judgment is according The defendants are Ella C.. Clarke, Canterbury; Ruth Lillian Ken daIl Stone, Brooklyn; Alice Kendall, Plainfield; John Kendall, Brooklyn; Harriet Blake, Brooklyn: Harriet Ken dall, Eastford: Olive Kendall, Berne- weld, Oneida county. N. Y; Mary F. Drake, Boston; Sarah Bowen, Lois Warren, Edward L. Kendall, all of Vernon Center, Minn.
 In the complaint of the plaintiff 1t was set forth that John Kendall, who died in 1868, in his will devised a life estate in one-sixth of the real estate to his son Amos, the remainder of the estate being devised to his heirs and assigns forever. The heirs of John Kendall at his death, the. complaint | further claims, were his six sons l George T., Henry, Horace, Elnathan, John W. and Amos, June 4, 1869, it is shown, the five other brothers, by l their quit claim deed, deeded to Amos all their right, title and interest in the | property in dispute. This quit claim | was recorded in the land records of Brooklyn May 20. 1894
 The Kendall farm in West Wauregan i is one of the best in the town of | Brooklyn About June 4, 1869, after the death of the father, Amos stated to his brothers, the complaint shows that he would net take and improve | the farm because of the fact that he did not own and possess it in fee whereupon, it is claimed and set forth they told and promised him that they would never claim any interest in tht farm in question and that he and heirs | and assigns might improve it and tha he might always enjoy it in fee simple with no fear of molestation from them and this he did.
 The complaint claiming a tudgmen to determine the title to the real estat, was brought by the widow of Amo Kendall executrix of his estate and hi sole legatee, against the defendants who are children of the i've brothers o Amos, now all deceased.
 In the memorandum of his findinl Judge Bennett says:
 The evidence makes it clear that il 1868 or 1869 Amos Kendall then hay ing a life estate and fractional inter est in the land in question, of which h. | was then in possession, declined t improve the property upon the faitl of his interest. His brothers, the re maining heirs, thereupon made him verbal gift of the property, intendinl to make him the absolute owner Whatever difference there may be il the testimony as to the statements o the various parties, the documentar, evidence corroborates in no uncertain manner the claims of the plaintiff (Mrs. KendalD.
 The distribution assented to in writ ing. by all the heirs of John Kendall giving Amos this property absolutely the quit claim deed to Amos are in applicable, except upon the theory o gift. I am inclined to think that tn discovery of the deed (Snong the pa pers of the estate of Henry Kendall who died late in 1S93) and the state ment of George Kendall in handing 1 over to Amos amount to delivery But whether this is true, the existenc of this deed, executed soon after tn claimed verbal gift. leaves no room [ doubt the truth of the claim of tn verbal gift.
 Amos Kendall at the time of hi death had an absolute estate in, fe simple in the land in question, whie estate is now vested in the plaintiff M. Emma Kendall, as sole legatee an l deyisna The defendants i1a ya mt fitl. interest or estate in the land.
 Judge Harry E. Back was counse for Mrs. Kendall. Torrey and Geissle fDr fha defa0da0tz