The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-04-26
COURT SHOWS FAVOR
TO A NE'ER Do WELL
Failure OF Ventures No Rea-
son for Taking Property
Control Away.
In. CASE SCORES AT LAST

rNs unusual question a. TO whether a
man who makes a failure Of nearly
sy,rythins he undertakes is really incom-
u,ert to have control OF property left Ia
Kim has been passed on by the Court
AZ Appeals. which reversed an order In
IN. Supreme Court appointing a /, ,m-
ms,ee ~ the property OF John II. Case.
The opinion was written by Justice
csrdozo.
Case, who lives on farm near Free
donia. n. Y. and who is now Sc years
,ld. appealed from the order taking his
,rorerty away from him. which had
ne.r granted on the application of his
sisters as result Of family fpud
which developed after Case had OBJ
rlned a wife through answering the
,dyertsement of housekeeper who
sought place The facts as stated
n Justice Cardozo's opinion, are as fol-
ows:
Two sisters both his seniors. have
AT this proceeding in motion The case
ara,nst him rests almost solely on their
testimony, which has given US a pic
ture Of his life. II was passed on the
utle farm in Frcdonia that belonged
10 his mother. lie helped in the work Of
the farm. and for that work his scant
.duca,on appears to have been ade-
quste
There were times when he went forth
from the homestead TO try his fortune
elsewhere. but he came back before
long to tho paternal roof Durin, his
IS years Of life there grew up a sub
santial list OF these blighted ventures.
mot very imposing do the ventures
SEEM but the tragedy Of their failure
tho rhiaf In ha Aa 80
.ncapacity, and 80 they must he chron-
iced. NJ successive periods he ed
died carpet stretchers, patent medl-
cnes and knives leased farm and sold
vegetables to his neighbours gave this
up TO raise poultry, and finally bought
a wagon and team and resolved to be
a ,eamster. His projects were obsti-
na,ely unsuccessful"
Justice CardDzo says that Case could
not make profit at anything and was
finally sued for the price of his team
In 1879 he gave up his Independent en-
,erprises and settled down to help on his
tather's farm. His father died in 1908
and his mother In 1909, and both ex-
pressed the wish that he should have the
homestead because their daughters were
married and had separate homes. The
daughters decided about forty acres Of
inc ldTUls lnVluulUH INC nofntSttau. 10
their brother. The sisters believed that
10 was competent until after he had
advertised for housekeeper in 1910 and
had married her
His wife quarreled with his sisters
and a family feud developed" says jus
ice Cardozo. She showed her disap-
prevail OF his relatives by throwing
scurrous letters on their porch. These
stters were never read by her husband
bu, they We're received in evidence under
his objection to show the character OF
MS spouse. He complains. and We think
Justly. that there WAS error in this
ruling There were times indeed when
he proceeding seemed to be a trial not
u the sanity of the husba nd but OF the
conduct of his wife.
TN Justice 10 her IL ought perhaps
10 be said that she seems to have been
% him thrifty and faithful helpmate
With the growth OF the feud the sisters
became fearful that the farm might not
come 10 them after their brothers
DEATH
The Court OF Appeals finds that there
: no evidence that Cases mind is not
normal rules that one Is not incom-
netent TO manage his affairs merely be-
'ause he is lacking in the sagacity that
makes for success in business"