Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1919-05-19
DISPOSAL OF ESTATE DEPENDS
UPON WHO OF FAMILY OF FIVE
DIED LAST IN FIRE.
THREE QUESTIONS
INVOLVED IN SUIT
N Father Died Last, Estate Goes TO HIS
Relatives, ~ Mother Was Last 20
Sueeumb, Her Relatives Benefit
While " Children Were Last TO Die
Property viii Be Divided.

Cedar Rapids. Nav ls.-'Who dleu
lastc" that is the question that Is puz-
cling members OF law firm Of TINS
city. in case that promises TO be as
weird and rs complicated as any tha'
have ever arisen in this state. in many
years
There are few who do not remem-
Der the terrible tragedy that occurred
at oxford junction during the lniiu-
enLa epidemic. when the BIasek fam
ily. mother. father and three children,
all IN. died in their home as il burned
TO the ground. From that awful Ia
tality has sprang q law case which Is
the first Of It's kind to appear IN TINS
state for period OF twenty years.
oxford Junction is a small town ~
ing on the main line of the c, NJ
-. p. and not far from this city. the
Blasek family lived on a farm close
10 the Junction and each member was
i'll with the influenza. when. from
some unknown cause. the farmhouse
caught fire and burned 10 the ground.
resulting in the sudden death Of the
entire family
AS Blasek was possessed Of much
land and left a considerable amount
Of money there has arisen a despute
over who the righttul hei- 10 the prop
erty might be. According to Law. the
disposal Of the estate depends upon
knowing which member OF the family
died last Provided the father was the
last 10 survive the estate would go 10
his heirs: provided the mother was the
last 10 survive. the property would go
10 her heirs and in case the children
were the last to die the estate would
be divided equally between The fathers
and the mothers heirs.
An administrator for the father and
also for the mother was appointed and
now the case lies between the two
parties The work Of the lawyers Is 20
try and determine which member Of
the Inflated family was the last 10
die.
Attorney Don Barnes pointed out
that this was a gruesoIne task and
that the verdict would necessarily be
based upon the position in which the
bodies were found following the fire
and also in the matter of proximity of
the charred remains TO the origina
ton OF the blaze. II was also pointed
out that the mother and father were
found in the spot which had been the
kitchen and that the children were
found over the ruins in different
rooms. supposedly the bedrooms. The
essential fact is that the ysther and
mother were the nearest 70 the origin
Of the fire and probably died first
The case Is notable in that it is one
in thousand, and perhaps the most
noted law cases in the world were
based on the matter Of surviyorship.
Most OF such cases have occurred
in marine disasters. in which entire
families were wiped out
I viii illustrate the point by Civ
ing you an example, said Attorney
Barnes. For instance, the case of
q family consisting of father, mother
and son. who died almost simultane-
ously. The father died an instant be-
fore the son. During the brief mo-
ment that the boy livel he was the
full heir and owner Of his father
property. The nothe- presumabl'
dying last became the final
| heir after the property which
passed TO her, had passed thru
the sons hands. In that case tbs
mothers relatives were the inheritors
| Of the estate. II the boy had died last
the property would have been equally
divided between the fathers and tins
mothers relatives, and so on.
Another case similar 20 that which
the Cedar Rapids law 6rm is caring
for. was that OF the Fairs OF Sar
Mrc Fair Wee
out driving and their car ran into q
tree. killing them almost instantly
Being millionaires and having nc
children. the question Of survivorshir
| was taken up and it became nation
ally celebrated law case.
According TO Attorney Barnes tht
present case is the only one OF it'
kind that has been taken up IN TINS
state for period of twenty years