Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1914-02-13
JUDGE NICHOLS AWARDS COT
TAGE TO Mr.. AND MRS. euGH.
NER OVER STATES CONTEST.
AGED MAN AND WIFE WEEP
FOR JOY OVER DECISION
Occupants Of Property, Mr.. and Mrs. L.
Bughner, Claim Property Under Lost
Will Of Owner, John w. Shorter
State interviewed to Obtain Posses
sion Under Law.

The great state of Iowa lost a law
suit, and an aged couple Mr.. and Mrs.
L. Bughner, We're made happier than
they probably ever were before. by a
ruling of Judge Nichols. in the district
court. late Thursday afternoon. The
one was sorry. net even Assistant At
torney General c. A. Robbins. who rep
resented the commonwealth.
The ruling made the old couple own
ers of little home, their only posses
sion, which they had lived in for years.
Had the court ruled against them the
aged people would have been compelled
to have given up the four-room cottage
and the little yard.
Judge Holds Will Lost.
No more pathetic incident has hap
pened in the local court in years than
the scene which followed the ruling of
the judge. Tears streamed down the
old mans face. He and his wife had
been some distance from the judges
bench. They arose tiridly as tho to ap-
proach the judge, burt hung back as tho
afraid. Finally plucking up courage
and, accompanied by a neighbor, they
came forward. shook Judge Nichols
hand, and thanked him. But all three
were so overcome by emotion they
could scarcely speak and the judge
was not unaffected in the simple jog
of the old people that he had brought
to them.
Case Based on Will.
The lawsuit was over the will Of
John w. Shorter. a negro veteran, and
a former member of the soldiers home.
For several years Shorter had lived
part of the time with Mr.. and Mrs.
Bughner in the little house on Four
teenth street near Summit.
Shorter bought the property, then
made a will giving 1t to the Bughners.
If they survived him. Shorter died and
it was found that the viii! had been
lost. Suit was brought by the old man
and his wife to have the court sustain
the lost will and esta olish them the
owners of the property under it's be-
quest.
During the years Mr.. and Mrs. Bugh-
ner have occupied the property they
built an addition to the house, set out
fruit trees, and otherwise improved the
place.
Court Awards Property.
Shorter left no heirs. The state In
tervened, alleging that because Shorter
died without heirs or a will that the
property should revert to the state
Witnesses testified to the will being
drawn. and what it contained Another
witness, a neighbor. testified she had
seen Shorter destroy the will. Other
neighbors testified to Shorter and Mr..
and Mrs. Bughner living peacefully and
happily together. Another witness
swore he heard them quarreling.
Judge Nichols swept aside all the
testimony tending to show that Shorter
did not intend Mr.. and Mrs. Bughner
to have the property and announced
from the bench that he did not believe
the testimony against the interests Of
the old couple.
Il believe the old man made the will.
intending to give this property TO these
people, he said. I'm going TO give
this property to this old couple If the
state or anybody else gets it the SUI
pieDt court will have to give it to
them. There's something of sympathy
in this ruling, but there is a higher
court to review it and change it if am
wrong.
Il wouldn't have the heart to turn
these old people out. I've got to take one
side or the other of this testimony,
and I prefer to take the side of the
old people. I'm going 20 hold there
was g. WILL and that it was lost. and
I'm going to give these people title in
fee simple. Prepare a decree along
those lines"