Article clipped from Burlington Gazette

A Moment of Time Will Decide the Disposition of an Estate. One of the odd cases which will come up in the next term of the Des Moines county District court is the suit of ‘Mrs. Silas Walker of Benton township against the mother of her late husband, to legally determine whether the late Martin Walker inherited the estate of his father or whether the father inherited from the son. The case grows out of the drowning of the three Walkers, which occurred about a year ago in the Mississippi river in Ben ton township. It will be remembered that the men of the 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 death and was drowning. Martin was un able to effect the rescue. He got into deep water and was about to drown when his father swam out to save him. Martin at once grasped his father about the neck and they went down together and 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 his father would be alvided equally by law between the mother and the wife of Silas Walker, he having left no will. But if Silas Walker died first then ‘two-thirds of his estate would go to his son, who, dying imediately afterward, would leave his two-thirds to his mother, and she, having inherited the other third from her husband, would thus come into the entire estate. As the case now stands, Silas Walker's mother claims that she is entitled to half of her son's estate, whilst Mrs. Silas Walker claims that her son sur vived his father long enough to become his heir and leave her the entire estate. The case will be fought bitterly, and some extraordinary evidence of a mortuary char acter will be introduced. Mrs. Silas Walker has retained W. W. Dodge and Judge A. H. Stutsman. The case of Silas Walker's mother will be attended to by W. E. Blake and Judge P. Henry Smyth.
Newspaper Details

Burlington Gazette

Burlington, Iowa, US

Thu, Aug 29, 1895

Page 4

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Debbie J.

USA 23 Jun 2026

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