Evening Republican, Volume 15, Number 234, Rensselaer, Jasper County, 4 October 1911 — PASS HEIRS SUCCESSFUL IN CONTESTING SUIT. [ARTICLE]

PASS HEIRS SUCCESSFUL IN CONTESTING SUIT.

Medaryville Automobile Co. and Other Creditors of George Johnson Were Plaintiffs in Action. Samuel Pass died last spring, leaving a farm of 198 acres in Pulaski county, Medaryville. The farm was encumbered to the amount of $4,500. Mr. Pass before his death deeded the farm to his three sons. William D., Jasper and Harry. The condition of the that they were to provide a home for him during the remainder of his life. His wife died about two years before. Some time following the death of his wife Mr. Pass went to the home of his nephew, George L. Johnson, who conducted a store at Pleasant Grove,-having been invited there by Mr. Johnson. Johnson was confronted by a large number of creditors and Mr. Pass was induced to sign a number of notes as surety for Johnson. The evidence showed that Mr. Pass was first put under the influence! of liquor and that his judgment was mot very clear at the time he endorsed the notes. Just how many he signed is somewhat in doubt, but he was at the store two days and two nights and tile time seems to have been spent in alt innately signing notes and drinking from battles and jugs. The supply o drink told the supply of creditors wh * were scrambling for security seemed ilmost -inexhaustable. Among the creditors was tl e Medaryville Automobile Co., in/ whose name the action was brought. sought to set aside the deSIFto thefflons and have the Johnson notes paiZ Johnson having entirely failed to make settlement ' Jasper Pass, of Jordan township, is the administrator of the estate of his father. He testified to his knowledge of the transactions of his father and it was shown that he had undertaken, along with his brothers, to make settlement of any personal debts his father had. The defendants were able to show that Mrs. Samuel Pass had saved her money before her marriage and invested it in 40 acres of land and had later bought 40 acres more. That this had been sold by her and a farm of 96 acres purchased in White county. All of this iland had been in her name and when tfhe White >c»unty farm was hold and the Pulaski <eounty farm of 198 acres purchased it had been expected to have that land in her name> but in order to procurt the loan it was necessary to transfer the land to her husband. This was conclusively shown and Judge Hanley rendered his verdict in favor of the heirs, holding them entitled to two-thirds of .the equity. The other third would hasve gone to the husband after her death and whatever equity he would have had in it will go toward diacharging the security debts he so unwisely wentJor his nephew.