Missouri Valley times. [volume] (Missouri Valley, Iowa) 1874-1931, 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, day laborer. aged 26 years.
and son by common-law marriage OF
the late James A. Brown, millman and
planter, has sued 7. ]. and w. HI.
Brown. his elder half-brothers, for an
accounting of hie fathers estate. al
OF age he has been deprived of the
enjoyment OF one-half of his parents
estate, now valued at $250,000.
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-
duced in court by T. j. Brown, his eld-
est brother, who was his guardian. and
all formalities complied with.
James A. Brown declares In his Pc
titton that he did not know until six
months ago that his father had made
him an heir and 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 the 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 o, 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 1 have never been
married the-various tracts of real
estate-to have an to hold the same
unto the said James A. Brown for
and 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 I. ]. Brown and
j. A. Brown to be shared equally. I.
J. Brown was made executor, as we'll
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 he
was purposely kept in Ignorance OF
the fact OF the existence Of the will
in the property of the deceased father
by design of the defendant. T. j. Brown
and by the fraudulent confederation
and conspiracy of the defendants, T.
j. Brown and W. II. Brown.
Another Person In Court.
1t Is charged that I. j. and w. H.
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. 100000 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 not
in court on Oct. 90, 1899. when certain
records We're made, but that T. j.
Brown took some young man before
the court, representing that he was
James A. Brown. and "by false rep
presentations induced the court to make
an order removing the disabilities of
the person whom he represented to the
court on the belief that said person was
in fact the plaintiff, when in truth the
said r. j. Brown knew that the person
whom he had presented at the court
was not the plaintiff. and knew that
the representations he made to the
court We're false"
The real estate consists of 1000 acres
of river lands, all in cultivation with
300 acres of accretion, the latter valued
at s25 an acre. The annual revenue
from the property is estimated at $780,
OO0 Attorney Oscar III. Winn. of Lit
Brown, has 175 pages OF abstracts deal
ing with the property at issue, which
will be used In an effort to assist In
establishing allegations of fraud. The
plaintiff seeks to recover about 100000
and to force an accounting for the
years 1894 to 1912. inclusive. and that
all lands that may have been bequeated
the plaintiff be vested In him. and the
defendants Invested Of the same.
The charges of Irregularities are all
denied bv the defendants.