Evening journal., 1915-11-09
court LAYS $4,000
Claim ON ROADS
CONTINUED From Flrst Pagel

CONTINUED From First Page)
of alleged rights and interest claimed |
To be vested in her under that will.
History of the Case.
The testator when he made his will |
and when he died was the owner OF
personal property and three farms IN
New Castle county known as III
Jamison Corner farm. containing
about 200 acres, in st. Georges hun
dred. the Capelle farm, containing
about 212 acres, in Red Lion hundred,
and the Homestead farm, containing
about 23O acres. in st. Georges hun
dred.
He left to survive him three minor
sons, Edgar, Clarence and oliver ana
three daughters, Anna, Agnes ana
Laura.
All the debts and funeral expenses
of the testator and all legacies mem
toned in the will except that for the
benefit of Edgar Jamison and his sur
viving children we're fully paid ana
satisfied.
Tbe will named Thomas J. Craven,
now of Salem, n j., as executor ana
trustee. and he accepted the once,
acting in that capacity. Under the
will the trustee was TO have, when
clarence. the youngest son, was Il
years old. the three farms apprais-
cd nv three substantial men OF the
neiehborhood and the aggregate sum
ascertained was to be apportioned IN
soual shares among Edward, car
ance and Oliver. In the apportlon-
ment Clarence was to take the Ca
nellie farm. oliver the Homestead
farm. with such encumbrances or ad-
ditions as might be necessary 10
eoualize the shares of the three sons
mt the share of Edgar was TO be IN
money invested in good bonds ana
mortgages, the interest payable TO
him after the apportionment, semi
annually during his natural life ana
from and after his death the princl-
nle and all interest accrued to MS
child or children. 80. 49,,
Tdgar died May /, 1856, leaving tw'
minor daughters, Catherine and Nesta
oliver was 2l years old May l, 1873
Shortlv thereafter, Mr.. Craven, withou
hain0 iudieially discharged from nj
trnsteeship under the WILL but with TN
consent of the three sons, ceased TO ac
as trustee and removed to New Jersey
where he continued to reside. The cour
sound from the evidence that before n
moved TO New Jersey he appointed WI
linn NJ. Stuckert. Purnal J. Lynch an
Jobn p Hudson to appraise the farms
ond that these men pursuant TO sue
amendment appraised the Homestea
farm at so 600. the Capelle farm
$4,000 and the Jamison Corner farm a
$4,000. an aggregate Of $4,000.
Asked That Claim BE Lien.
The bill prayed that the amour
due Catherine P. Mathieson under tn
will be ascertained and declared al
equitable lien upon the three farm
in the proportions provided in IN
will and that the present owners o
declared to hold the same subject {
such lien.
The defendants contended that a
appraisement was condition preceden
10 the existence of any change on IN
farms in favor of Edkar Jamison an
his children and that no such al
praisement was made.
Judge Bradford stated that il tn
trustees had omitted to cause It
be made, he would have been der'
lict in the discharge of his duty III
der the trust, and finds that on
careful examination OF the evidenG
an appraisement was made pursual
TO the provisions of the VIII In u
amounts alone given.
The defendants futher contenot
that on the assumption that Cath
rine and Vesta had a right on u
death of their father, Edgar, to pr
ceed for the enforcement OF the
claim of $4,000, there has been SUE
lashes on their part as to bar ecu
table remedy.
The court reviewed the testimol
on this part at some length and foul
that until within two years before {
beginning of the suit, the two daug
ters were in total ignorance OF the
rights under the will of their gran
father and the appraisement OF {
farms made pursuant thereto.
Catherine was years old and YES
was z years old when their fath
died. In October, 1904, Vesta receiV
a letter from j. Frank Biggs, enclt
ing a check 10 her order for Sll
and that afterwards she and her S