Evening Republican, Volume 16, Number 49, Rensselaer, Jasper County, 26 February 1912 — FILES FORGERY AID [ARTICLE]

FILES FORGERY AID

Interesting Legal Battle Over Will in New York. Attorneys for Heirs Claim Insects Were Used to Give Written Agreement Appearance of AgeSon Finds Document. New York.—Up in central New York for four years a remarkable law case has been going on, the World •ays. ■ . Frank B. Townsend for four years has been trying to prove that he is the legally adopted son of rich old Cyrenieus C. and Mary Jane Townsend. One of the most Important documents in the case is a time-worn, flystained slip of paper dated January 24, 1862. The defense has attacked this on various grounds. That the signature is not genuine. That somebody sweetened the paper to make flies light on it and give it the appearance -of age. Townsend, the contestant, is the son of Harriet Eaves, a widow with four children, who was taken to the almshouse forty-nine years ago. The Townsends, who had no children, had the almshouse physician bring one of the Eaves boys to their home. He was returned in a few days and a brother was substituted. This one they kept, and he, now a man over fifty years of age, is trying to prove that he was legally adopted. In 1905 Mary Jane Townsend died, and a month later Cyrenieus followed her. They had had no children and both died without maxing a will, -and a horde of Townsend heirs appeared as claimants. f Frank made application to the surrogate’s court to be appointed administrator?* as son of the The application was denied, proof being lacking of legal adoption. Immediately after the Perry-Townsend suit ended Frank began in earnest to make inquiries. He sought out old men who had been intimate with Cyrenieus Townsend and from them learned of remarks that his foster father had made. The aay following the search Frank appeared before Attorney Thomas

Carmody with a paper apparently faded and time stained, which read: “Agreement made this 24th day of January, 1862, between Cyrenieus C. Townsend and Mary J. Townsend, of the town of Jerusalem, Yates county, N. Y., parties of the first part, and Harriet Eaves, party of the second part. In consideration of sl, parties of the first part agree to take Charles Eaves, son of Harriet Eaves, and give him a good education and at our death he Is to have all of our property, providing we have no children of our own, and if we do have children then he shall share equal with them. “It is further agreed that Harriet Eaves, gives up all claims on her son and will not try to get the boy away. “CYRENIEUS C. TOWNSEND, “MARY JANE TOWNSEND, “HARRIET A. EAVES.” The case is now on appeal in the appellate division, which among other questions will have to consider the startling theory proposed by expert Hamilton: That for the first time In history files helped to forge a document.