Americus times-recorder. [volume] (Americus, Ga.) 1891-current, 1921-12-31
JUDGE EDlVIDES
SCARBOROUCH'S
ESTATEEQUALLY
Rules Uncle And His S Children
Inherit Two-Thirds-7With-
holds 4-13ths

In decision handed down today,
Judge q. A. Littlejohn of the Superior
court, upholds the claim of Sidney
/ E. Scarborough and his five children,
| Of Admission, Ala, for a two-thirds
/ interest in the estate of the late w.
II. Scarborough, nephew of Sidney
| Z. Scarborough, who was found mur-
dered in his store just west of Amer
icus last May. Under the decision
all Of the nine established heirs, who
embrace the six mentioned and in
addition Mrs. Morgan Stevens, of
Americus, and Mrs. j. Fl. Stevens of
ElIaville, sisters and representatives
! of a second branch Of the family,
and Mrs. G. Weinman of Macon, sole
! representative of third branch, all
| inherit equally OF 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- F,
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
& Fort represented the Stevens sis
ters and r. D. Feagin, of Macon,
represented Mrs. Weinman. Al
though not definitely announced, il
was indicated today that the Mes
danes Stevens likely would appeal
from the ruling. It was the conten-
tion of their attorneys that they were
each entitled to inherit one-fourth
of the estate, Sidney Scarborough a /
fourth and Mrs. Weinman a 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 a 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,
Judge Littlejohn refused to accept as
approved the assertion that 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
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 heopinion is that, while the vari-
Gus heirs now may proceed to divide
the estate under the terms of the de-
cisicn, if they accept it, four-thir-
teenths of the propery will be with |
tribution or the protection of the
four missing heirs in case they should
turn up, until such 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 division of the
property would bes one-thirteenth in
stead of ene-ninth.
Following is the decision of Judge
Littlejohn as handed down:
The Official Opinion.
I '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 jury, to hear and pass upon
all questions of law and fact involved |
And after consideration I am inl-I
pressed with sthe view that to make
paragraph 8, of section 1891, speak
other 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.
81 think the safe. rule to follow /
in the construction of a law, its |
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 i
| 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, II is my
opinion that under paragraph of |
said section 1891, all uncles, aunts |
and first cousins in life at death of |
intestate inherit equally.
"sunder the case Of Rudolph, |
Admr.. vs.. Brown, 150th- Ga. page
| 80, second division Of the opinion,
the facts submitted for the purpose
of establishing the death Of Hardy |
scarborough and his three childrenl