Well Contested Case

A STEP-SON WANTS FORTY ACRES DEEDED HIM.

The Case Has Already Been in the Supreme Court of Michigan Which Overruled the Circuit.

Probate Judge Newkirk Friday afternoon was engaged in hearing an application to receive a commission on claims in the estate 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 fact that one phase of the case has been in the supreme court and there was decided against the claimant William J. Webster. The room of Randall & Jones represented the claimant and E. B. Norris the estate. Mr. Norris contended that the application should "be dismissed, and if not, the claimant should be made to give security for the costs. After hearing all the arguments Judge Newkirk said he had looked into the case somewhat and he did not believe any technicalities should stand in the way of justice, and he therefore refused to dismiss the application or order security for costs.

This case has caused more than ordinary attention on account of the parties being well known and the peculiar law question involved. Webster entered into a contract with James W. Waugh for 40 acres of land to be paid for by his services during the lifetime of Waugh. The contention of Attorney Norris was that as the land was a homestead and Mrs. Waugh had not signed the contract it was absolutely void, although Mrs. Waugh was also dead. This opinion was not held by the circuit court, but the decision was reversed by the supreme court and Mr. Norris' opinion sustained. The present effort to revive a commission on claims is for the purpose of trying to collect from the estate for the services of Webster.

The bill in the original case to enforce the land contract was filed June 22, 1897. The parties made defendants were Sarah A. Warner, Nancy Peterhans, Nahum Waugh and Alfred Davenport, administrator of the estate of James W. Waugh deceased. The bill alleged that on the 27 day of August, 1877, Webster purchased a half interest in 40 acres of land containing a cider mill, etc., from Waugh and wife. That on the same day he made a contract with Waugh for the other undivided half interest, the terms of payment 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 thereof to deliver to the party of the first part. The party of the first part is to do one-half of the labor in the shop and cider mill. The covenants herein mentioned to be performed by the pay of the second part is to be performed during the lifetime of James Waugh and Rhoda 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 cider mill. Waugh died June 24, 1890. Alfred Davenport was appointed administrator and April 18, '93 rendered his final account, but 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 turned over one half of the proceeds to the administrator as during the lifetime of James W. Waugh. He charged that after Mrs. Waugh's death, the heirs refused to carry out the contract and give him a deed.