Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1916-09-12
UNIQUE FAMILY PARTNERSHIP
REVEALED IN SUIT BY BROTH
ER'S WIDOW.
coMMuNlsTlc IDEA
UTTERLY UNPRECEDENTED
Family Corporation Participated in by
Four Brothers Dates Back For Two
Generations-Answer to Suit of Wi
dow For Dover Interest Says She
Loses Nothing by Husbands Death.

Des Moinss, Sept IA family
compact, comprising a communistic
principle which so far as is known is
utterly unprecedented lin the history
of American courts, and which dates
back at least two generations is re-
vealed in the latest development Of
the Fleming case.
The Fleming brothers, Robert j,
Fleming. John A. Fleming, and
Stanhepe Flenrins have filed in
the office of the clerk of the
district court their answer 10 the suit
commenced July 5, 1916, by Mrs. Anna
y. Fleming. widow of the late Charles
Fleming, in which she asks for a dover
interest in the Fleming holdings which
are valued at more than three-quarters
of million dollars.
No Separate interests.
In the answer, which was filed yes
terday afternoon, is disclosed a unique
family and business arrangement
which existed among the four brothers,
Robert j., John A, Charles and Stan
hope Fleming. 1t appears that thru
out the business career of these
brothers they have transacted all of
their business Jointly. 1t is set forth
that no one of them ever engaged in
any individual Or separate enterprise.
Furthermore, it is shown that this
relationship existing among the
brothers survived a like relationship
which they had with their father dur
ing his lifetime and which their father
before them had had with his brothers
AS One Family.
Their central idea, according to the
answer, at all times has been that the
F1emingS' constituted a family and
that whoever the active producing
members of the family. might be, they
were always working for the interest
Of the entire Fleming family, including
the mother, sister, wives and children,
If any, Of the active, producing mem
bers Of the family.
In furtherance Of this arrangement
the answer discloses, all Of the bust
ness conducted and all Of the property
acquired since away back in 1879 or
1880 has been acquired by the four
brothers In the name of Fleming
Bros"
II is asserted that 1t was then and
has always been the agreement and
understanding among the brothers
that no one Of them owned any in
'dividual or separate interest in the
business or property; that it belonged
10 all Of them and that in the case OF
the death of any one of them all Of the
business and property should be and
at once become the property Of the
survivors or survivor Of them.
Basis of Contract.
This agreement was reduced to writ
ing signed by the four brothers as
early as 1886 and has been ratified by
subsequent written contracts which
have been made from time to time as
occasion has arisen.
All of these contracts. the last Of
which was executed in 1911, are based
upon the following:
First-No one Of The Fleming
brothers owns any separate or Invisible
interests in the business.
Second-No one OF them can acquire
any separate interest except with the
consent Of all others.
Third--In the event OF the with
drawal Of one Of the members he can
only take with him as his individual
share that which the others set off fer
him.
Fourth-In the event Of the death Of
any one OF the members his entire in
terest and ownership shall go TO the
surviving members.
Arrangement Successful.
Under this unique arrangement, the
brothers state, the Fleming family has
lived happily and successfully for
many years.
The answer filed by the surviving
brothers disClOses the following facts: