Richmond daily register. (Richmond, Madison County, Ky.) 1917-1978, 1922-01-30


The Madison circuit court in il
decision by Judge w. r. Shackel
ford held that ID. Irvine Whit,
takes life interest IN the farm I'M
der the will Of William NJ Irvinl
and that his second son, David
takes tho fec simple title aftc0
| the death of his father and tina
tho second son, David. has com
Piled with ihc will Of William NJ
Irvine 10y changing his name viii
in tho time provided,
The case has attracted wide
spread intcrcs, throughout ~,
state un account of tho important
legal questions to be- determined
David Irvine. the young man wdC
takes the farm under the decision
oi tho lower court is a grUp
nephew OF Mrs, Elizabeth $. lr
vine and William NJ. Irvine, botl
OF whose wills have Co be consjrr
cd by the cour, in order 10 Scttl,
the controversy over the title &,
the farm. Mr.. Irvine is a prom.
inent attorney Of Kansas City.
William Irvine Grccnway j.
also grand nephew of Elizahcjl
5. Irvine and her husband. VIM.
Elizabeth 5. Irvine having mar.
ricd her first cousin, William Nj
Irvine. Both Elizabeth and Vim
Irvine arc now dead, leaving ne
direct descendants.
Among other interesting quc,-
lions presented to the court wa,
whether David Irvine had ;akcr
the necessary steps changing III.
name in manner and within 10,
time provided.
In the course of the oral argu-
mcnt before the Court of Appeal,
on Friday. il was brought out
that William Irvine Grccnway
who is seeking reversal 81 the
lower court decision. had also
changed his name from Ephriam
Mcdowell Grcenway To William
Irvine Greenway, though there
appeared no provision IN either
will requiring such change j,
seems he was first Chrisicncd
Ephriam Mcdowell Greeuway
and bore that name until he was
ten or twelve years OF age The
l:phriam Mcdowell for whom APP
pellant Greenway was originally
named was the celebrated sur
geon. DIR. E.phriam Mcdowell
Surprise was expressed by cOun-
sci for appellee that he shout,
discard a name so renowned. and
appellee, David Irvine's counsel
facetiously remarked that it
might have been for the reason
that he objected TO being called
"Eph."
The case was handled for ap-
pellant by Hon. Grant +. Lilly. OF
Lexington, and the firm OF Judge
+. {. O'Rcar, OF Frankfort. Ap-
pellec David Irvine. was repre-
sctncd by Attorney John holland.
OF Richmond, and Judge John d.
Carroll. OF Frankfort, both oi
whom argued the case for David
Irvine. \ decision is expected
within the next two or three
months.
A BIT of Irvine Romance
The coming back to Kentucky
OF David Irvine to battle in the
courts for a portion Of his ances-
trial acres, reminds one OF the
visit that his forcbcar namcSake
Col. David Irvine, made TO Kan
sas City-homc OF the latter Da-
vid lrvine-back i'll the early days
OF that great metropolis OF the
west. l'
Colonel David Irvine. OF Rich
'nond, who, during his 40 years
OF service as Clerk OF the Coun-
~ Court, had seen many OF his
old friends and constituents leave
Madison county and 20 out into
the west, determined to obtain
al interest in that section where
his friends had found health and
fortune. He, therefore, about
1883, arranged to purchase land
warrants III Case and other coun-
ties OF Missouri, adjoining Jack
son counties, the county in which
the now live and prosperous me-
tropolis of the West, Kansas Ci-
ty, is located, and made a trip TO
look over his holdings.
He put up for the night at the
home CT his old friend, Colonel
Woodson, of independence, Mis-
souri,. That night the old time
friends talked over their affairs,
business and politics land during
the course of the evening, Col
onel Woodson made it known TO
Colonel Irvine that he was in the
race for Congress and was in
needs of the sinews OF war and