The Leon reporter. (Leon, Iowa) 1887-1930, 1915-11-04
m the DISTRICT COURT
JudQe Maxwell Upholds the Dr.. r. D..
Gardner will, which Gives the
Entire Estate 10 His Widow.


Entire Estate TO His Widow.
Judge Maxwell has been grinding
away every day with cases in the dis
trict court, and more business Is be-
ing transacted at this term of court
than for many years.
The trial of the contest over the
will of the late Dr.. r. D. Gardner,
occupied the attention of the court
for several days. The controversy
was over the construction of the will
of DR.. Gardner, the will providing
that one-half of his estate should go
to his wife and one-half to his son,
G. E. Gardner, with the provision that
in case of the death of c. E. Gardner
without children, that the entire es-
tate should go to 4Irs. r. d. Gardner,
and the guardian of Mrs. G.. E. Gard
ner contended that the bequeathal of
one-half Of the estate to c. E. Gard
ner, and the fact that he survived
his father, gave him title to one
half of the estate, and that Mrs. c..
f.. Gardner was entitled to share of
The estate, which amounts to about
100000. The case was fought to
a finish, V. R. McGinnis and Miles &
Steele appearing for Mrs. R. d.
Gardner, and E. H. Sharp and G. W..
Hoffman for the guardian of Mrs. G..
E, Gardner. The case was finished
on Friday after lengthy arguments
and much quoting of authorities by
the attorneys, and to the surprise of
everybody, counsel included, Judge
Maxwell did not take the case under
advisement, but Immediately decid-
ed that the will should be upheld,
which gives the entire estate to Mrs.
r. D. Gardner. Notice of appeal yas
at once filed by the attorneys for the
guardian of Mrs. c. E. Gardner, and
the case will be taken to the Supreme
Court at once.
The case of Gustav Gust VS.. o. L,
Vantrees, an action to quiet title to
a farm in the possession of Gust, de-
veloped into four cornered fight,
as the result of a land trade in which
the farm figured. The case was tried
to the court, and yesterday morning
Judge Maxwell signed a decree
quieting the title to the land in Mr..
Gusts favor, and decided that A. M.
Babb and wife were not liable on the
counter claim of 0. l.. Vantrees, but
has not as yet. decided in regard to
the controversy between the other
parties.
The case of VIM. H. Young VS..
Grant Young ct al, was tried to the
court and taken under advisement.
The case of Phillip Williams VS..
John and Earl Mcdowell, growing
out of claim for rent of farm,
and the counter claim for work and
other things filed by defendant, is
on trial to the court at the time this
paper went to press.
The grand jury finished their work
for the term last Thursday, return
ing four indictments, three of them
against Claude Bevans for selling
liquor and the fourth indictment has
not been made public, as the party
has not been arrested. Bevans was
arrested at once by sheriff Lorey and
placed in Jail, but gave bond Tues
day in the sum of $500 and was re-
leased to appear at the next term of
court.
An extra panel of twenty trial
jurors was ordered drawn Tuesday
by Judge Maxwell so as to secure
juries for several cases to be tried at
this term of court, the following be-
ing drawn for service:
Walter Snyder, Center.
James Hazlet, Eden.
Glass Finch, Woodland.
A. c. Dale, Leon.
Fred Ellston, Fayette.
Charles Porter, Decatur.
David Turpen, Hamilton.
j. D. Young, Long Creek.
]. A. Wilson, Leon.
c. H. White, Fayette.
Brice McDonough, Center.
S. H. Covington, Decatur.
Sam CARRIER, Center.
J. L. Dillon, Fayette.
o. j. Gustin, Leon.
H. L. Osborn, Burrell.
George Jones, Long Greek.
A. S. Millsap, Decatur.
VIM. Kimport, Leon.
A. w. Stearns, Garden Grove.
The following cases have been dis
posed of since our report last week:
. LAW AND EQUITY
James Euritt VS.. Henry Phillips.
Dismissed without prejudice, each
party to pay his own costs and one
half the court costs.
w. H. Bronson VS.. Peter Shambo.
Settled and dismissed.
Lottie Sheppard VS.. Eliza Miller.
Dismissed by plaintiff without pre-
judice.
Lottie Sheppard VS.. Alva Miller.
Dismissed by plaintiff without pre-
judice.
Lula Nelson VS.. Oscar Nelson De-
cree of divorce granted.
Nancy Jane Rohr VS.. Syntha Susan
Sipes ct al. Report of sale and deed
to Stella F. West approved.
f. A. Greenland VS.. G. B. & @. r.
r. Co. Settled and dismissed.
John Morehead VS.. Martha D.
Morehead. Ordered that plaintiff
pay to clerk of the court $3.50 as
temporary alimony for defendant
within five days.
James Pazderka vs. G. C. Ramsey
ct al. Judgment.
T. M. Riddle VS.. f.. Beavers and
wifo Ind fhroo nroynio-