The Topeka state journal., 1922-12-09
President OF 5. b. A. Cannot
Share in Fathers Estate.
Kansas Supreme Court UphOIds
Shawnee County Court.
ENDS FATHER AND SON FEUD
Million Dollar Oil Case in But
Ter County Settled.
F. NJ. and F. H. Perkins, OF
Lawrence Must Go to Prison.

James NJ. Kirkpatrick, president of
the Security Benefit association. can
not share in his fathers rich estate.
The Kansas supreme court today up
held a decision Of the Shawnee county
district court, which had declared
valid the will of the late Wilson B.
Kirkpatrick Following a feud be-
tween father and son for control of
the giant fraternal organization the
elder Kirkpatrick cut off inheritance
of 3 son. Under the will James NJ
kirkpatrick receives one dollar.
Four surviving children OF the for
mer head of the Cd knights and
Ladies of Security will participate in
distr. button of the estate under the
Will. They are Adelbert B. kirkpat-
rick. Mrs. J. X. Baer. and Lillian NJ
kirkpatrick. all of Topeka, and John
Z. kirkpatrick OF Ann ArbOr. Mich
Property Valued at 100000.
In his viii the father left all of his
bus ness property-mainly located
between Kansas avenue and Quincy
street on Sixth avenue and Seventh
street-tO four children The prop
cry valued at $500. 900, was placed
with a trustee. the four children to
share equally from the proceeds for
period of thirty years, when the es-
tate would be divided among them.
James NJ. Kirkpatrick brought suit
to test the W l.. He claimed that the
trust was void because it was in vio-
hation of the ancient and established
theory that it is not to best interests to
tie up property for longer period
than thirty years. The other children.
in order to carry out Their fatherS
wishes IL possible, contended that the
trust was valid In a scholarly opin-
ion exploring the history of land titles,
the court unanimously supported the
opinion written by Justice r. A
Burch deciar ng the trust effective.
The Will and utigation following the
senior Kirkpatricks death, grew out
of the stormy war between father and
son when a fight was made several
years ago to overthrow the old or
ganization in the then Knights and
Ladies of Security-now the Security
Benefit associate The junior Kirk |
patrick N and displaced his father
as head of the big fraternal organiza- ]
tion. 1t was because of i'll will grow (
ing out of this fight that the son was I
denied inheritance.
Decide Million Dollar OIL Case.
Stockholders of the Butler County /
Oil company lost their suit to set aside I
a compromise settlement of litigation I
pending between them and the Arkan- 4
sas River Gas company The suit in 4
VOlved one Of the most valuable oil 4
leases in the Butler county field
At one time. pending the litigation, I
the leases in dispute sold for $40. \ /
few days later the same properties /
sold for $500, and a little later for
5 O.O00. At the time of the trial the 4
had produced nearly a mill
lion dollars worth of oil. 1t is re-
ported that interest of lawyers in the I
case and activities of Htigants in
creased as the pipe line returns were
received.
In November. 1919. the day before
trial involving validity of the lease.
directors of the Butler County Oil
company compromised their litigation
with the Arkansas River Gas company
Tar NrF 4 . @S.-F5s,
OF the Butler county
company brought suit to set aside the
settlement, alleging fraud. The court
held compromises to be favored, that n
fraud and that stockholders were
bound by the agreement.
General interest in the oil produc- /
.ng and leasing world was centered in i
he case. since it was expected that =
big question would be settled. The +
question was whether mortgaEe on (
an oil lease must be foreclosed like a
mortgage on a farm with eighteen (
months exemption. or whether it l
might be disposed of like horses and
,attle and sold under a chattel upon {
en- days notice The court did not
expressly decide this point, but said !
heir opinion was that such oil leases
night be sold like any other personal I
on ten days notice
Maude Yargus to Prison.
Maude Yargus must serve d prison .
sentence for killing of G. V. Barnes !
1f Reno county. Her ingenious ap-
peal on the ground that she was
charged with a lesser crime than the
me committed, failed today in the
supreme court. .
1t was the claim of the state that
he Marquis woman lived with Barnes
Is his common law wife. In order to
,btain his property, it was contended,
he fed him poison for a considerable
period before his death. She was ar
ested charged with second degree
murder. Following her conviction she
lppealed on the grounds that the Civ
ng of poison could be only first de-
,ree murder and that she should be I
ound guilty of that or nothing.
Mortgage Heads TO Prison.
Prison sentences for F. NJ. Perkins !
nd F. H. Perkins. widely known Law !
ence mortgage brokers, were af I
irmed by the supreme court r. NJ
was convicted of embezzle- [
nent and F. H. Perkins was found {
utility of concealing mortgaged prop {
rty.
The Perkins family has for many z
ears been prominent in financial af 7
airs in kansas and were leaders in {
he social life of Lawrence. Their $
mortgage company handled an extern :
i've business and had prominent East
rn connections. Jurfes found the two r
Members of the firm and family I
uilty of felonies and the supreme {
ourt today affirmed both cases. t
In the conviction of the two Perkins I
rothers. comes revival of the long a
D.