Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1920-06-21
COURT ASKED TO
CONSTRUE WILLS
EXECUTOR OF ROSS c. PETER
SON ESTATE APPEALS TO
DISTRICT COURT.
PLAN OF WILL ALLEGED
TO BE TOTALLY DESTROYED
Seeks to Have Property Of John Pet
erson Divided So That Estate Of
Son, r. G. Peterson, May Be Settled
Land Wiled to Daughters Sold
Prior to Younger Peterson's Death.

Asking the court to construe the
win and the codicil thereto Of the
late John Peterson. and for con-
struction of the will of his son. r. c.
Peterson. who was killed in an auto
mobile accident, Jan 81, near FL Paso.
Tex, a. II. Conant. executor Of the
latter'ss estate. has fled two suits In
district court. To the first. in which
q construction OF the elder Peter
sons will is asked. Mrs. Eva Smith
daughter OF the testator. Mrs. Lois
Beck, formerly Lois Conant
granddaughter. Mrs. Lena Peterson.
widow OF r. C. Peterson, and Mrs
Marion Robertson and Mrs. Dicta
Maxwell, daughters of r. C. Peter
sSp. are named as defendants. In the
second suit, asking for a construction
of the r. G. Peterson will. Mrs. Peter
son. Mrs. Robertson, Mrs. Maxwell
and Mrs. Beck. together with Faye
Griffith and Hart and John Smith,
the last three neice and nepheWss OF
r. c. Peterson. are the defendants.
The executor sets forth In his pc
tition that he has no personal pro-
perry In his hands and the decedent.
r, c. Peterson, left none, with which
to pay claims filed and allowed
against the estate. in connection with
costs and expenses. 1T is necessary,
he declares, to sell the property of
John Peterson to make payment of
Bills, These claims are said to as-
gregate $1,000 to $4,000.
Question of Title Involved.
Disposition OF the estate OF r. G.
Peterson Is entirely dependant upon
the construction placed on The will
of his father. John Peterson. and the
plan of the will of the former has
been destroyed because property be-
queathed to heirs was sold prior to
| the testator's death,
| Mrs. Lena Peterson, widow Of r.
c. Peterson, has flied a petition in
district court, asking her distribu-
tive share, her husbands will having
been drawn prior to his marriage
Under the will OF the elder Peter
son portion of his estate was left
to the son. who was to have the In
come until he was 40 years of age.
when he was to gain title to the
property. In the codicil. however pro-
vision was made that title should not
be vested in the son until he was so.
The younger Peterson died before
having attained the latter age. The
share left to Mrs. Smith was like
Wiseto be held until she reaches the
age of 60 before title is vested in her.
Property left to- Lois Conant. now
Mrs. Lois Beck, was to be held until
she reached the age of 80.
Distribution Of Property Asked.
To avoid continued complications
thru the administrations Of the two
estates, so as to carry out the intent
OF the original testator, the court is
asked to now fix title to property to
make complete settlement possible.
Land bequeathed by r. c. Peter
son to his daughters was sold after
the making OF his will and property
no longer IS In the estate for distri-
button. The will, being drawn prior
to Peterson's second marriage, makes
no provision for the widow. The two
daughters, who were to inherit all the
property. were to have title. at The,
age Of 30. Neither has attained that
age.
Alleging that the plan Of the will
has been entirely destroyed, the ex-
ecutor asks the court to make divi,
sion of the estate Of r. G.. Peterson.
giving >one-third to the widow. and
one-third to each of the two daugh-
tiers.