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Declared Incompetent

Declared Incompetent image
Parent Issue
Day
23
Month
May
Year
1902
Copyright
Public Domain
OCR Text

DECLARED INCOMPETENT

Circuit Court Affirms Decision of Judge Watkins

BRILLIANT ARGUMENT

Is Made to the Jury by Martin Cavanaugh, Attorney for Pittsfield Township

Adelia Alexander, of Pittsfield, the aged woman over whom so much controversy has arisen as to appointing a guardian for her, has been declared incompetent by the circuit court jury, after being out all night. The verdict was returned Friday morning and the probabilities are that Morton F. Case, supervisor of Pittsfield township, will be appointed guardian by Judge Kinne. 

This is the case which was taken up on appeal by A. J. Sawyer, attorney for those who are interested in Miss Alexander, from the probate court, it being claimed that the woman was not incompetent and that the appointment of Morton F. Case as guardian by Judge Watkins was unnecessary.

A brilliant argument was made by Lawyer Martin J. Cavanaugh, who represented the township of Pittsfield. He claimed that Miss Alexander had a trustee appointed for her, through her counsel, whom she had not known or seen.

"It's an outrage," declared Attorney Cavanaugh, "that any person should be appointed to take care of this helpless woman who was not accountable to any court. This man Bassett says he gave bond when he was made trustee of this woman's estate. Where is his bond? It has not been produced in this court."

The bond alleged to have been given by Bassett, when, through some procedure not known to any court, he was given the care of Miss Alexander's property, was not in evidence as Mr. Cavanaugh had said, neither was it shown that he had any legal right whatever to act as the woman's trustee other than the authority given him by his attorney and those who were interested in the case.

The whole case rested on whether the woman was or was not incompetent. Attorney Cavanaugh's argument as well as the argument of Attorney Frank E. Jones to the jury seemed to prove conclusively that Miss Alexander was not fit to take care of herself. Anyway the jury so decided and now Miss Alexander will probably have a competent person to look after her property.