Indiana daily times. [volume] (Indianapolis [Ind.]) 1914-1922, 1920-02-11
COURT ORDERS
ESTATECLOSED
AFTER 19YEARS
Trust Fund Left by. Former
President Harrison to Be
Distributed.
NIECE BRINGS ACTION

Nineteen years after the death Of Ben
5amin Harrison, former president Of the
United States, the heirs of the distin-
guished man have called upon the courts
to determine the time of distribution Of
the estate of the late president.
Judge Linn Hay of superior court, room
2, yesterday said that tn ecourt has
complied with an order of the Indiana
appellate court, instructing the superior
court to reverse its ruling on a demurrer.
Indications yesterday were that Mrs.
Marthena Harrison Williams, grand
daughter of the late president and daugh-
ter Of Russell B. Harrison. will go to
trial to compel the Union Trust Company
Of indianapolis and her father, Russell
B. Harrison, as a trustee Of the will, to
pay over to her about 81, 700 held in trust
by the Union Trust Company for her in
accordance to the Will of the late Presi-
dent Harrison.
FIRST SUIT
FILED JUNE I, 1910,
On June l, 1910, Russell B. Harrison.
as trustee, fled suit in superior court,
room 2, asking for partition and sale of
certain real estate comprised in the es-
tate Of the former president.
On July /, 1911, the court entered an
order instructing that the real estate be
sold and distributed as directed by the
will. y
The will directed that one-sixth Of the
fund so obtained be placed with the
Union Trust Company of Indianapolis,
as trustee for Marthena Harrison VIII
Hams, and to provide against any loss
or harm to the rights or interests of any
child or children which may hereafter
be born to Russell B. Harrison and said
trustee to receive, hold, invest and pre-
serve the principal of said sum until
there shall have been born to said Rus
sell B. Harrison, child or children, If any
such child or children shall be born to
him, or until the possibility of issue to
him shall have become extinct, and in
the meantime to pay the income arising
therefrom to Marthena Harrison, now
Mrs. Williams"
S4.7O0 FUND
HELD IN TRUST.
The finding Of the appellate court shows
that the Union Trust Company now holds
in trust fnud Of about $4,700 for Mrs.
Williams.
She contends that she was born Jan
is, 1888 and became Of age on Jan. IS,
1902 and was married to Harry A. VIII
liams, Jr., OF Norfolk, Va, Feb. 8, 1912,
and that she is entitled to the possession
and enjoyment of the share Of the estate
left her through Russell B. Harrison, as
trustee, on or about Jan. 1s, 1909 She
claims that she has demanded payment
from the trust company and that It was
refused
Mrs. Williams some time ago asked the
superior court to instruct the trust com
pany to terminate the trust
The appellate court finds that the
Union Trust Company is ready to COM
ply with order Of court in reference
to the fund.
Russell B. Harrison as trustee de-
INJURED to the complaint of his daugh-
ter and Judge Hay sustained the de-
murrer, from which Mrs. Williams ap-
pealed to the higher court.
A few days ago Judge Hay received a
ruling from the higher court holding
that the court erred in sustaining the
demurrer of Mr.. Harrison.
ORDERED TO
OYERRULE DEMURRER.
Judge Hay was ordered by the higher
? court to overrule the demurrer, which
was done, according to an announcement
of the trial court today.
Judge Hay has instructed Mr.. Harrt-
son to answer and further action de-
ponds upon the answer.
The higher court held that under the
terms of the will Of the former president
ut is provided that such portion of each
ch1Id's share as may not have been ex-
pended for its benefit shall, on the coming
Of age Of such child, or It's marriage, be
paid over to it."
The appellate court held that when
Marthena Harrison became Of age or mar
red, either event fixed the time of dis
tFibation Of the estate
The case first was instituted in the
superior court when Judge Collier was
Judge. He was succeeded by Judge Hay.
The former president wrote his will on
April 20, 1924, and a codicil bearing the
date CT Feb. 10, 1901, was attached. The
former president died on March 10, 1901.