Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1916-12-23
JUDGE DUDLEYs DECISION DE
FERREo UNTIL ne STUDIES
ARGUMENTS At LENGTH.
NOTABLE LAW SUIT TO
90 TO SUPREME COURT
Dover Rights Of Wife and Validity Of
Family Communal, Compact Are
QUESTION: At issus-Wido~'s Counsel
Claims 'miseonesptisn ofsMarrisd Wo-
mans Rights Responsible For Trial.

Des Moines, Dec. aS.--Yesterday came
the end of the Fleming case here.
Judge c. A. Dudley, of the district
court, announced he would take the
case under Amusement. A decision will
not be forthcoming for some time. No
matter what the finding of the district
court may be, the case will be taken
to the supreme court for ultimate de-
termination. Trial of the a required
ten days Of actual court sessions.
Decision of the case hinges o the
validity of the contracts entered into
by the Fleming brothers. by which all
earnings of the brothers We're placed in
a common fund and became the proper
~ Of no individual.
After Attorney Parsons. for h plain
tin. had concluded his argument, the
court said:
Il am impressed with the import
ance of this case, not only as AFFECT
ing the litisants. but also as to es-
tablishins a precedent for the guild
ance of transactions in the future.
/ agree with both sides-the validity
of the contracts must determine the
caSe.
Il shall take some time to examine
briefs. 1 suppose l could content my
self with merely announcing my con
clusion since the case will be taken to
the supreme court In any event, but it
is the duty Of the lower court TO in
quire nto and determine all cases.
Charges connivins.
In his final argument, Attorney Par
sons declared the Fleming compact was
AN evasion OF the statutes and pub
lie policy OF the state" and accused the
defendant brothers OF conniving, no
matter how pure their motives might
have been.
Mr.. Parsons declared that the late
Charles Fleming owned a one-fourth
interest In the Fleming brothers. hold
inss. and said their contract arrange
ment amounted TO q gyirtuaf partner
snip. , 49,
There is no .fog9t N my mind that
had Charles called for a winding w
of the partnership. ne could have, Sc
cured his share said Parsons.
The statute SAYS the wife shall have
onc-third Of all the property OF her
deceased husband. 1t is the intent OF
the law that a wife he entitled to such
supper from her husbands estate.
whether II be real estate or personal
property.
"A misaoncep,ion OF the rights of q
married woman Is responsible for bthe
Fleming trial. ii
1T sticks out thru the record In
this case thai the thought was to pre-
vent the wife from having anything TO
say as L the property in the event that
any one of the Fleming brothers should
drop OFF. st
Contract . Partnership?
The relations OF the Fleming broth
ers under their contracts and the way
they carried out their purpose. comes
as lea being a partnership of the
first class as anything / yer saw. The
contract did not create a general ten
ancy, but was the evidence Of a part
nership with some OF the features OF a
joint tenancy imposed upon It,"
In the case at bar Mrs. Anna T1em-
Ing. widow of Charles Fleming, sued
to recover her dover. The surviving
brothers. ~Stanhope. John and Robert,
were willing to support her in luxury
for the remainder of her days. they
said, but denied that her husband had
left any estate. claiming his interest
reverted TO the brotherhood pool"