Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1916-04-12
SUPREME COURT SUSTAbNs CASE
INVOLVING PECULIAR LEGAL
COMPLICATIONS.
ONE. HALF OF ESTATE
GOES TO DAUGHTER
Grandchildren Who Contested Con.
struotion Of Will Lose in Final
Roundup-Benefciary and Mother
Long Estransed-Case in Courts
Several Years.

Council Bluffs, April 12.-Hinging on
the construction of a clause in the
will of the late Mrs. Ann E. Whitaker
of Council Bluffs. a decree in probate
entered by Judge Z. B. Woodruff in
; 1918, giving to Julia Martha Sanford.
daughter of the decedent one-half an
estate valued at approximately SM, 900,
has been affirmed by the supreme
court of Iowa, to which appeal was
taken by Roy and Hazel Whitaker. OF
Shenandoah. grandchildren of Mrs.
Whitaker in an effort to have Mrs.
Sanford's share reduced to an equality
with their separate shares.
The Whitaker will case" has been
one Of the interesting probate cases in
district court at Council Bluffs. for
several reasons. To begin with Mrs
Sanford and her son, Charles F. San
ford, were once declared to be dead
and application was made to the court
for decree declaring them legally
dead but the court denied this appii-
cat ion and instructed John NJ. Calvin.
of Council Bluffs, TO institute search
for the missing heirs.
After months of search Mrs. Sanford
was found in Seattle, Wash, where she
still resides. and her son at Nome
Alaska and Calvin became attorney
for them in the proceedings which fol-
lowed Edward F. Cotter was named
administrator with will annexed ana
after two actions had been brought II
court the administrator applied for
construction Of the will. which read.
so far as bequest to Mrs Sanford is
concerned. as foll ,ws:
First. I wish and hereby grant unto
my daughter, Julia Martha Sanford
an equal portion Of all my property,
both real and personal, which / NAV
die seized. The same to be paid on =
to her as soon as possible after my
death The balance Of all my prop
erty real and personal. to be given
share and share alike to her children
and to the children Of William w.
Whitaker deceased, when they are 26
years Of age"
Judge Woodruff's Decision.
Judge Woodruff took the ground that
the wording of the will left but one
construction TO be placed thereupon,
which was that the teStatrix wished
one-hah Of all her property, one equal
share, to go TO her daughter. and the
other haitian equal share-to be di-
vided among the grandchildren. Roy
and Hazel Whitaker and Charles San
ford
Counsel for the Whitaker children
appealed from this construction 10 the
supreme court and the briefs OF the
appella nts and appellees constitute
some careful research into seizins and
inheritance WIS.
The appel Bsts appeal was based on
q construction Of the clause in dispute
as giving Mrs Sanford share equal
with each Of the othe: heirs. Calvin
held to the same construction as the
lower court namely, that the clause
could he construed only as giving TO
Mrs. Sanford a share equal to all the
other heirs combined. which in fact
was the distribution made by The adj
ministrator under the decree Of Judge
Woodruff. Mrs Sanford receiving
one-haf the property and each OF the
three grandchildren One-sixth
Had Not Heard Of Mother.
Mrs Sanford and her mother were
estranged many years before the death
of the latter and from 1895 until she
was found by Mr.. Calvin Mrs. San
ford did not hear from her moth and
knew nothing Of her death. Ann Whit
taker had two children. William VI.
and Julia Martha, who married in
Iowa and her son. Charles. was born
here in 1878. In that same year she
went with her husband and son to
New Mexico and only once afterward
did she ever visit her r1other, in 1888
Because Of the arrangement re-
ferred to she wrote to her mother only
once, in 1890, hut received no answer
and then for few years she heard Of
her parent only thru IN aunt to whom
she wrote and this .ornmunca tion
stopped in 1894. Mrs Sanford lived at
several places on the Pacific slope dur
ing the years that interviewed before
she was located by her attorney.