Evening Republican, Volume 19, Number 238, Rensselaer, Jasper County, 7 October 1915 — WILL CASE CAME TO SUDDEN CLOSE [ARTICLE]

WILL CASE CAME TO SUDDEN CLOSE

Kennedy Will Provisions to Be Dis- ' carded and Settlement Agreed On By AU Heirs. The will of John Kennedy, wealthy land owner who died in Newton county April 19, 1913, was virtually set aside in settlement agreed upon in Rensselaer Tuesday, when the case had been called for trial in the Jasper circuit court. The will was written in November, 1905, and left to each of the nine children and one grandchild by a deceased son «SSO. All of the balance of the estate, Both real and personal, had been left to the widow. The children, or part of them, who contended that they had helped to earn the money, believed they should come in at this time for a share in the big estate and they also contended that since the estate was heavily encumbered Mrs. Kennedy was unable to manage it to make it pay out and that it should be divided among them. The action to break the will was brought by Kinder Kennedy, who enr ployed Attorney John A. Dunlap, of Rensselaer, and Attorney Milt Gravesof Morocco. They tried to influence Mrs. Kennedy before the action was brought to settle by compromise but she declined to do so and employed H. L. Sammons, who later secured as co-counsel, William Darroch, of Kentland, and E. B. Sellers, of Monticello. All were present Tuesday, prepared for a royal legal contest, but the case was barely started until the compromise plan w’as set on foot and was carried out, Mrs. Kennedy giving a contract to divide the estate along the lines set out below and all of the heirs agreeing to accept the terms. There* wah 1,740 acres in the estate. Of this 680 acres was in one tract 4 miles west and 2 miles north of Morocco. The other land was about half way between Brook and Morocco and is about the best land in Newton county, being valued at 3150 per acre. The estate was mortgaged for about $60,000. By the terms of settlement Mrs. Kennedy will get 400 acres of the best land with one set of improvements and also the residence property in Morocco, all free of encumbrance. To accomplish this she is empowered to sell the 680-acre ranch and to apply the money to the indebtedness. The other heirs are to receive land and money as follows: Kinder Kennedy, $12,000, out of which is to be taken some money which he owes the estate.

Samuel M. Kennedy, Mrs. Bertha Whaley, Mrs. Grace Hunter, Mrs. Ruby Hunter, and Misses Nellie and Freida Kennedy, the latter a minor, each 80 acre of land. Conda Earl Kennedy will get 60 acres of land and $3,000 except that $2,000 lie owes the estate is to be deducted from the inheritance. Emmet Ellis Kennedy, a grandson 11 years of age, is to receive 40 acres free of encumbrance to be held by a trustee until he is 21 years of age and then deeded to him. There will be some encumbrance on each eigh+y acre tract but each of the heirs will be in a position to pay off the mortgage and since Mrs. Kennedy will have 400 acres free of debt it seems that she will be much better oc than she was with the large tract so heavily encumbered. The family have been on strained relations since the provisions of the unreasonable will became known but it is understood that after the settlement was agreed upon all were reunited ahd happy. It is a fortunate thing for all that a long and expensive legal contest did not ensue.