Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1920-02-28
LEGAL BATTLE OVER PROP.
eRTv FORMER cREsToN
UNDERTAKEN.
BROTHERS OF MURDERED
WOMAN ARE CLAIMANTS
Petition Court TO Give Them Prop.
srty Because Roy Emsnon Muir.
y dsrsd His Mother and Was Dis,
Inherited Under State Law, Thus
Making Claim of Widow invalid.

Emerson murder case and subsc-
auent suicide Of Roy Emerson. ac-
cused and convicted Of having slain
his mother by beating her and
throwing her down the elevator
shaft Is being heard in district court
here.
Charles Emerson. father of Roy
and husband of Kate Emerson. made
will leaving the rent issue and
profits of his business and properties
to Kate Emerson and his son Roy so
long as Kate Emerson lived. If Roy
died before his mother the PROPERTY
would go 10 Kate Emerson absolute
ly, and II Roy died leaving living is
sue, then his child or children would
share the business and profits de-
rived from the properties as long as
Kate Emerson lived. If Kate Elmer
son died before Roy then Roy was
to inherit the property, etc The
statutes provide that no one who Is
convicted of numbering q person can
inherit the property of the murdered
person. Roy was convicted of muir
dering his mother and this threw the
estate amounting to $4,000 into
tangle az to who should get the
property. There were debts amount
ing to $4,000 or $4,000. The
property consisted of an undertaking
business and building where the
business was conducted, the Emerson
homestead In this city and 1S0-
acre farm in. Pleasant township. The
business and buildings have been
sold and the administrator, r. f.
Boyer. found himself confronted b!
perplexing problem as to whom
TO turn over the estate.
The statutes provide the right to
elect or choose between taking the
provision made in the will or one
third of the value of the husbands
property. FT
The administrator brings the action
TO determine whom to turn over the
estate to. The brothers Of the lat.
Kate Emerson are contestlng the
paving over of the estate to Ruth
Emerson. ~ widow OF Roy Emer-
SON. The administrator asks the
court to determine whether or not
MrS. sKate Emerson elected ysH take
under the will Of her late husband
or to take her one third under the
: law. and II not then to determine the
alleged partnership between Charles
and Roy Emerson. All the collateral
heirs are represented In case the
court rules that Kate Emerson did
not elect to take under the will Of
her late husband and that one third
of the property became Kate Elmer
sons and as She died intestate th*
properties would go to the brothers
and sisters. The three brothers
Mrs. Kate Emerson, John Reasnor OF
Murray, Al Reasnor OF Greenfield.
Mo-. and W. B. Reasnor OF Middle
town. Ind claim that no partnership
existed between Charles and Roy
Emerson and from the fact that Roy
Emerson was convicted Of the crime
of numbering his mother, that if the
court determined that Kate Emerson
made by Charles Emerson, he would
not under the statutes inherit ana
therefore the property would go to
them.
Judge Maxwell represents the ad-
ministrator, Attorney Kenneth
Davenport has charge Of Roy Emer-
sons administrators case and thc
law flrm Of Brown, Ferguson & Boone
is looking after the interests of the
collateral heirs Of Kate Emerson.
Altho Judge P. C. Winter is on the
bench for this term in this county,
he was one of the witnesses in the
will and Judge Evans was callo,'
here to render a decision.
If the court determines that Mrs.
Kate Emerson elected to abide by
the terms OF the will then Mrs. Ruth
Emerson will receive one-half of the
estate. On the other hand If tho
court should decide that Mrs. Emer-
son chose to accept the widows one
third as provided by law then Mrs.
Ruth Emerson will receive nothing
as the one-third interest Of the
widow is superior to the debts Of the
remaining wo-thirds which has been
oo%>~, ~, nv tho 1obfo