Americus times-recorder. [volume] (Americus, Ga.) 1891-current, 1921-12-31

SCARBOROUCH'S
ESTATEEQUALLY
Rules Uncle And His S Children
Inherit Two Thids-With-
holds 4-13th

In a decision handed down today,
Judge z. A. Littlejohn Of the Superior
court, upholds the claim of Sidney
Z, Scarborough and his five children,
of Admission, Ala, for two-thirds
interest in the estate of the late w.
H. Scarborough, nephew of Sidney
f. Scarborough, who was found muir
dered in his store just west of Amer
icus last May. Under the decision
I all of the nine established heirs, who
embrace the six mentioned and in
addition Mrs. Morgan Stevens, Of
Americus, and Mrs J. Il. Stevens of
Ellaville, sisters and representatives
of second branch of the family,
and Mrs. G. Weinman Of Macon, sole
representative of third branch, all
inherit equally or one-ninth each. All
are first cousins Of the slain man ex-
cept Sidney Scarborough. The
estate, consisting Of cash, notes, real
/ estate and other property, is estimat- ,
ed to be worth $4,000 or more.
The Sidney E. Scarborough branch
of the family was represented by At
torney w. A. Dodson, while Wallis
g. Fort represented the Stevens sis
ters and r. d. Feagin, of Macon,
represented Mrs. Weinman, AL
though not definitely announced, ,, it
was indicated today that the Mes
danes Stevens likely would appeal
from the ruling 1t was the conten-
tion of their attorneys that they were
each entiSS to inherit one-fourth
of the estat, Sidney Scarborough a
fourth and Mrs. Weinman fourth,
the children of Sidney Scarborough
being not entitled to inherit because
of their father stading in their stead.
At one time Sidney E. Scarborough
openly offered to settle on q. basis
of one-fourth.
! Still Another Branch.
In his decision, which took the
form of an opinion on which the
lawyers will now draw up the de
tails of the decree for his signature,
I Judge Littlejohn refused to accept as
approved the assertion shat still an
other uncle of the dead man, Hardy
Scarborough, and his three children,
who once lived here but have not
been heard from for many years since
4 they moved near Savannah, are dead,
and served notice in effect that more
proof must be submitted to establish
this fact. The import Of this section
of the opinion is that, while the vari-
Gus heirs now may proceed to divide
the estate under the terms of the de-
cision, if they accept it, four-thir-
teenths of the properly will be with
held by order of the court from dis
tribution or the protection of the.
four missing heirs in case they should
turn up, until such a time as it may
be established by proof that they are
dead, Thus, all that could be had
by any of the present known heirs
at this time under a. division of the
(, property would be one-thirteenth in
stead of one-ninth,
! Following is the decision of Judge
Littleiohn as handed down:
The Official Opinion
The questions involved in the pc
, tition, answers, and cross bill were
submitted to the court by agreement
of all parties, without the interven-
tion Of a jury, to hear and pass upon
all questions of law and fact involved.
And after consideration i am inn
pressed with the view that to make
paragraph 8, Of section 1881, speak
Iother Than as it is written, would be
to construe into the section meaning
that void be foreign to the express
language of same, and never con-
templated or intended by the legisla-
tive body enacting it,
~ think the safe rule to follow
sin the construction of a law, it's
meaning must first be sought in the
language employed, and, if that be
plain it is the duty Of the courts to
, enforce the law as written provided
it be within the constitutional au-
thority of the legislative body who
passed it. And it cannot be contend
ed this statute is repugnant to the
constitution. Therefore, it is my
lopinion that under paragraph s Of
Isaid section 1881, all uncles, aunts.
and first cousins in life at death of.
Iintestate inherit equally.
."Under the case of Rudolph,
Adnr. VS.. Brown, 150th Ga. mage
| $50, second division Of the opinion,
the facts submitted for the purpose
of establishing the death of Hardy
Scarborough and his three children