The Charleston Daily Mail from Charleston, West Virginia • Page 46

PAGE FOURTEEN THE CHARLESTON DAILY FRIDAY EVENING, MAT 15, 1936 -t ESTATE CLAIM RULING UPSET Widow Entitled to Ask Property, Tribunal Holds in Case Anna K. Hall Gieseler, before she married the late August Gieseler on January H. IMS, signed an ante- nuptial agreement which set out that for 10 and valuable considerations she relinquished her dower rights in her prospective husband's So they were married in the following February and in the next November, it was alleged in Mrs. Gieseler's suit to set aside the agreement Gieseler deserted her and remained away until he died in starch, 1934. Now Mrs.

Gieseler claims she never received the 'Valuable considerations" mentioned in the agreement, which consisted of some Wheeling Electric company stock, and further that the extent of Gieseler's estate w. not revealed to her at the time She was not aware of its true value until an appraisal was filed following his death, she Further, the plaintiff Is seeking reimbursement for her support for the time during which her husband did not live with her. Her action was brought in the Ohio circuit court, against Clara L. Remke, executor of the Gieseler estate. A demurrer to the widow's bill was sustained.

To Disclose Assent In ante-nuptial agreements," the state supreme court quoted from a previous decision, "a confidential relationship exists between the contracting parties and it is the duty of the prospective husband to fully disclose the amount of his property and to deal fairly with his prospective bride and to honestly carry out the provisions of the contract." The court added that such a bill as was filed by the widow was sufficient to sustain her pleading, but added "the matter of proof is another thing." Regarding the demurrer that Mrs. Gieseler was yuilty of lanches in failing to assert, ner claim for separate support until Gieseler's estate appraisal was filed, the court held that laches (means a delay that works to the disadvantage of another, and that "if the husband, during his lifetime, could not have complained of the lapse of time, we do not see wherein the executrix of his estate can attack the claim as stale." Deararrer Overrated Accordingly the ruling of the circuit court was reversed, and the demurrer of the executor was overruled. In a suit involving the several attempts of R. K. Shirley and his wife, Ruby A.

Shirley, to obtain divorces on grounds of desertion and cruelty the supreme court affirmed a ruling of the Berkeley circuit court refusing relief and dismissing the case. The husband was plaintiff in the action before the court The appellate court affirmed In part and reversed in part the decision of the Upshur circuit court in the case of C. P. Henline versus Henry Miller and.others, in which the plaintiff sought to enjoin the trespass by the defendants upon his land. skull of an African tvne lion was unearthed in Alaska in 1935.

EfM NUNSMS 24 PINT 21 wHsn, aw, Twa Big Features TF I BAD A MILLION" With Gary Coeper and W. C. Fields "DOG OF FLANDERS" With Frank ie Themaa 10cTILL5P.M. Gates 22-121 PAINTS Special Lean Arranjrment far Paint and Labor ESTIMATES GIVEN FREE GATES PAINTS Bummers and Virginia Charleston, W. Va.

What a Smash? Would yon ba protected Ja Cub a wreck? Onr Mmuce will pay or total dttaMl- Let 1 details Otarlesfci Daily Mail NITRO The annual meeting of the Woman's missionary society of the Teavs Valley association was held Tuesday at the First Baptist church. St Albans. Those attending from Nitro were: Mrs. 3. R.

Peck. Mrs. J. W. Moody.

Mrs. R. E. Brewer. Mrs.

J. B. Brewer, and Rev. and Mrs. 3.

R. Reynolds, The World Wide Guild banauet and rally were held in St Albans Tuesday evening. Those present from Nitro were: Miss Alma Duddme. Miss Virginia Putney. Miss Mabel Putney.

Miss Aileen Lanham. Miss Nettie Trout. Miss Jessie Baer and Rev. and Mrs. Phil M.

Jenkins. STUDENTS PICS HEROES ASHTABULA. poll among high school students on "Whom would you rather be other than yourself?" showed that Amelia Earhart Putnam and Abraham Lincoln were most popular among young men and women of Ashtabula. Others were Betsy Ross. Florence Nightingale, Mickey Cochrane, Gene Sarazen and Daniel Boone.

Mingo Man Freed In Slaying Janitor WILLIAMSON, May 15 Mingo county jury acquitted Dewey Dingess of a charge of slaying Hugh Wellman, schoolhuose janitor, during a box supper and social. Dingess, who several years previously had testified for Wellman when he was convicted of a charge of manslaughter, claimed self-defense. About 100 persons witnessed the shooting last winter, most of whom testified. Dingess declared that after Wellman had ordered him out of the building because of disturbance, the man reached into his shirt as if to draw a gun. Mrs.

Dingess ran between the two men, and Dingess said he then fired twoshots. Asks Pension Probe Be Pushed to Early Close WASHINGTON. May 15 (AP) An early conclusion of the house inquiry into the Townsend old age pension movement is asked by Dr. F. E.

Townsend. founder of the plan for $200 monthly pensions to the aged. I am anxious and willing to cooperate with the congressional investigating committee in every possible way," Dr. Townsend said yesterday in a statement "I shall insist that its work be prepared vigorously and brought to an early conclusion." Dr. Townsend added that he believed "the American people will approve of my attitude and judge it to be fair." The retired Los Angeles physician has been ordered to appear before the committee next Tuesday for questioning.

Robinson Is Dead So Far as His Son Knows ATLANTA, May 15 Thomas H. Robinson. kidnaper of Mrs. Alice Speed Stoll. began a life sentence at the Atlanta federal dead man so far as his six-year old son is concerned.

The "lone wolf" of the $50,000 abduction was delivered by department of justice agents yesterday after an overnight train ride from Louisville, Ky. While Robinson went through the routine of "dressing in." relatives at Nashville, said knowledge of his whereabouts were carefully kept from his boy, Jimmy. "He thinks his father is dead," Mrs. N. L.

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