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Well Contested Case

Well Contested Case image
Parent Issue
Public Domain
OCR Text

Probate Judge Newkirkt Friday af ternoon was engaged in hearing au application to receive a commission on claims in the estáte of James W. Waugh, deceased of York. The interest in the case was shown by the large number of neighbors who filled the room. What added to the interest was the tact that oce phase of the case has been in the supreme court and there was decided against the claiinaut William J. Webster. The room of Raudall & Jones represented the claimaut and E. B. Norris the estáte. Mr. Norria contended that the applicatiou should "be dismissed, and if not, the claimant should be made to give security for the coste. After hearing all the argnrueuts Judge Nesvkirk said he had looked into the case somewhat and he did not believe any teehinioalities should stand iu the way of justice.and he therefore refuscd to dismiss the application or order secuirty for costs. This case has caused more than dinary attention on account of the parties being wellknown and the peculiar law question involved. Webster entered into a contract with James W. Wangh for 40 acres of land to be paid for by his services during the lifetime of Waugh. Thecontention of Attonrey Norris was that as the land was a homestead aud Mrs. Waugh had not signed the contract it was absolutely void, althongh Mrs. Waugh was also dead. This opinión was not held by the circuit court, but the decisión was reversed by the suprema court and Mr. Norris' opinión sustained. The present effort to revive a eommissïon on claims is for the purpose of trying to collect from the estáte for the services of Webster. The bill iu the original case to enforce the land contract was filed June 22, 1897. The parties made defendants were Sarah A. Warner, Naney tians, Nahura Waugh and Alfred Davenpcrt, adininistrator of the estáte af James W. Waugh deceased. The bill illeged that on the 37 day ot' August, 1877, Webster purcbased a half interest in 40 acres of laúd contaiuing a eider mili, etc., from Waugh and wife. That m the same day he made a contract with Waugh for the other undivided half interest, the ternas of payinent being: "The party of the second part is to perform all the labor of working the lands and pay all of the taxes and pay all the expenses of keeping such lands and premises in repair and the avails tliereof to deliver to the party of the flrst part. The party of the first part is to do one-half of the labor in the shop and eider mili. The covenants herein mentioued to be performed by the pay of the second part is to be peiformed during the lifetinie of James Waugh aud Roda Waugh." Webster further alleged that he entered upon the and, made material improvements, paid taxes and carried out his agreement as to working in Waugh's shop and eider mili. Waugh died June 24, 1890. Alfred Bavenport was api ointed administrator and April 18, '93 rendered his final account, bnt was not discharged Webster continued to live upon the land and attended to keeping it up until the death of Rhoda D. Waugh, relict of James W. Waugh. During this time he tnrned over oueïalf of the proceeds to the administra;or as dnring the lifetime of James W. Waugh. He charged that after Mr?. Vaugh's death, the heirs refused to arry out the contract and give him a eed.