Walker Drowning Lawsuit - Hawarden Independent - 5 Sep 1895
i County Calf Litigation, flic _ I>l»l><>»iUou of _ iui Kstuto Depends Ultnn Determining Which of Two • Drowned Man Died First— Father nnd Son. . Burlington, 'Aug. 31.—One of the ode oases which will come up In the next term of the Des Molnes county dlstrJcl court (a the euit of Mrs. Silas "Walker Df Ben-ton township against "the "mother of her Ifvte-huflband, to legally determine whether the late Martin Walker inherited inherited the estate of his father or whether r innerl fed~rroTiV~t"he son. The case grows out of the drowning of the three 'Walkers, which occurrec about a year ago in the MiBsiss v lppi -river in Ben ton township". It 'will be remembered that the men of the Walker Walker family, including Silas Walker and his son Martin and a brother of Silas Walker, went bathing and all three were drowned. Martin swam out to save his uncle, who had got beyond his _ d^E-Lh _ .and was drown In g,_ A f n. r 11 n_ wa a_ unable to effect the rescue. He got Info deep water a.nd was about to drown when his faither swam out to save him. Martin at once grasped his father about *.he neck"<and they .went down together dnd were not seen to rise again. The question before the court Is: Did the father's death precede the death of the son, or vice versa. If Martin died first, then the property of. ills father would be divided equally by law between between the mother and the wire of Silas Walker, lie having left no will. But If Silas Walker died first the two thirds of Ills efltato would go to his son, who, dying Immediately afterward, would leave his two thirds to his mother, and she, having- Inherited the other third from her husband, would thus como into the entire estate. As the case now stands,...SJJaa Walker's mother claims that she. is entitled to half of her son's estate, while Mrs. Silas Walker claims that her son survived his father long ejiQuarh ..to....become his_helr-and_leave_ her the entire estate. The cane will be fought bitterly, and some extraordinary e v 1 d e n c e_of a_ JTJ.QP tutir y character will be introduced.