Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1915-08-27
LEGALLY DECLARED TO HAVE
PASSED AWAY. SHE SEEKS
SHARE or ESTATE.
DENIES DEMISE AFTER
YEARS OF SILENCE
Barbara EnsIert, Supposed TO Have
Been Dead For Seventeen Years,
Will Endeavor to Secure Portion Of
Black Hawk County Estate Divided
Among Other Heirs.

Waterloo, Aug. 27.--n Barbara
Englert, long since declared dead by
the courts can prove that she is suf-
ficiently alive to retain her title to
share in the estate of her mother,
Theresa Englert, she will receive
substantial sum Of money. But there
in is involved a legal problem. Can a
person who has been declared legally
dead claim an inheritance? 1t remains
for the courts of Black Hawk county
to find the answer to this very per-
picking question.
It came about in this way: Theresa
Englert, a well known resident of
Dunkerton, died a few years ago, leav-
ing the residue Of her estate to her
children. One Of their number, Bar
bara Englert, after growing to wom-
anhood. had left home years before and
had not been heard from for seven
teen years, but she nevertheless was
made one of the heirs to the property
of the deceased mother. Said heir was
at the time believed to be in st. Louis,
but every effort on the part of rela-
tives and others to locate her, both in
that city and elsewhere, failed. No
trace of her whereabouts could be
found and the family were satisfied
that she was dead.
Law in the Case.
The law provides that if a property
owner absents himself for period OF
seven years, any person entitled to
administer the estate may petition the
courts for letter of administration
for the property. II after notice is
published for eight weeks. the right
full owner does not appear to claim
the property, the court is permitted to
grant letters Of administration, the
same as tho the owner were known to
be dead.
Under this law a petition Of admin
istration of the estate Of Barbara
Englert was filed in November 1914, by
Lewis Englert, brother. in which
were set forth facts and reasons why
said owner was believed to be dead.
BY due process the courts declared
the woman legally dead and her broth
er was named administrator OF the es-
tate The time Of administration is
to expire next November. At that
time her share Of the estate, valued
at $1,16631, according to law, would
be divided among the heirs.
Legal Complications.
But while all the relatives and
friends, as we'll as the courts, had
agreed that the woman was dead, she
was very much alive. The legal COM
plication arose few days ago when
her sister, Mrs. Weber, residing at
Milford, Iowa, received letter from
Barbara Englert. She is still residing
in st. Louis.
Had she not been heard from until
after the expiration Of the period OF
administration, the woman would have
no right to the property, for it would
have been divided among the other
heirs. However, as the property is
still in the hands Of the administrator
as an officer Of the court, attorneys
are inclined to believe that the court
will decide that the woman is entitled
to her inheritance, even tho she has
been declared legally dead.
The case is one Of the most unus-
ual ones on record in the annals Of
the Black Hawk county courts.