GEORGE BROWN was born in Cumberland County, England, December 28, 1828, and is a son of George and Jane (Myers) Brown. His parents were born, reared and married in England, where they both died. George Brown came to America, in company with a sister and brother-in-law, in 1852. For a while he remained in the State of New York, from where he came first to La Porte, and afterward to Porter County, Ind., and settled where he now resides, and where he is one of the largest land-owners, possessing about nine hundred acres. On July 17, 1855, he was married to Charity A. Carter. The family of Mr. and Mrs. Brown consists of ten children - Mary J., wife of J. Brewer; Josiah, John F., Jerome, George M., James, Elizabeth C., Charles W., Anna M. and Carrie. Mr. Brown is a member of Chesterton Lodge, No. 379, A. F. & A. M., also of Westville Lodge No. 176, I. O. O. F. In politics, he is a stanch Democrat, but liberal in local affairs.
Source: Goodspeed, Weston A., and Charles Blanchard. 1882. Counties of Porter and Lake, Indiana: Historical and Biographical, Illustrated. Chicago, Illinois: F. A. Battey & Company. 771 p. [see p. 357]
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DEATHS
GEORGE BROWN.
Death has again taken another of our old and well known settlers from among us.
George Brown was born in the County of Cumberland, England, Dec. 2, 1827. He came to America, accompanied by his sister, Jane Thompson, in 1852, and for a short time remained in the state of New York, coming to Laporte county and shortly after moved to Jackson township, Porter county, where he became one of the largest land owners in the county, possessing at one time nearly 900 acres of land.
On July 17, 1855, he was married to Charety A. Carter. Ten children were the fruits of this union: Mary J., Joseph, J. Frank, Jerome, George M., James, Elizabeth C., Charles W., Anna M. and Carrie, all of whom survive him except Charles W., who died at the ago of 19 years.
In 1885 Mr. Brown erected his handsome residence near Chesterton, which is one of the finest homes in this part of the state, where he has since lived with his family. On April 21, 1895, the grim reaper entered his home and took from him his life companion.
Early last fall Mr. Brown's health began to fail and he was confined to his house part of the time, but about the first of January he was compelled to remain in bed and since that time he has failed rapidly. The early part of last week he gained in strength and his friends had hopes of his recovery, but Wednesday evening he began failing very rapidly until Friday morning at 12:15 when death relieved him of all earthly cares and suffering. Mr. Brown was conscious to the last and recognized his children, who remained with him to the last and were a great comfort to him in his last days, until he peacefully passed away.
The funeral services were held Sunday from the residence, the Rev. Holmgrain officiating. The funeral cortege was one of the largest seen in Chesterton in recent years, and was attended by a great many friends from abroad. The remains were laid to rest in the Chesterton cemetery. He was 71 years and 1 month of age. He leaves a family of 9 children and a large circle of friends to mourn his loss.
During his life Mr. Brown accumulated considerable wealth by his close attention to business and by careful investments. The estate is valued at about $30,000.
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; January 28, 1899; Volume 15, Number 42, Page 1, Column 4.
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CHESTERTON CHIPS
As we go to press this morning, we learn of the death of George Brown, which occuredat [sic] 12 o'clock last night. The funeral will be held Sunday afternoon at 2 o'clock. Obituary will appear in our next issue.
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; January 28, 1899; Volume 15, Number 42, Page 1, Column 4.
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CHESTERTON CHIPS
Frank Carter and wife, of Hobart, attended Geo. Brown's funeral Sunday.
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; January 28, 1899; Volume 15, Number 42, Page 1, Column 3.
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CHESTERTON CHIPS
Mr. and Mrs. Chas. Pearson, of Roseland, attended the funeral of the late George Brown Sunday.
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; January 28, 1899; Volume 15, Number 42, Page 1, Column 3.
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CHESTERTON CHIPS
Mr. M. J. O'Brien, of Kouts, Sunday attended the funeral of Geo. Brown. Mr. O'Brien is well known here among the older people. He says Chesterton was his "jumping-off" place when he came to this county 41 years ago.
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; January 28, 1899; Volume 15, Number 42, Page 1, Column 3.
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CHESTERTON CHIPS
Joseph and Miss Carrie Brown were named as joint administrators of the estate of the late George Brown. The will was probated last Thursday.
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; February 4, 1899; Volume 15, Number 43, Page 1, Column 2.
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Will of the Late George Brown.
The will of the late George Brown was probated last Thursday, and is divided as follows:
Joseph Brown -- two lots in town of Porter; one lot and building at Stoney Island. Had received 80 acres of land and $1000 heretofore which is not to be charged up against him.
John Frank Brown received the same allotment as Joseph.
Jerome Brown -- two farms in Denel county, South Dakota, and lot and building at Stoney Island. Also released from all notes and obligations to estate. Had heretofore received $500 cash and 80 acres of land.
George W. Brown -- 160 acres of land in Porter county; house and lot in Chesterton, and $300 in Cash.
James Brown -- 80 acres of land in Porter county; lot in Hyde Park; lot and building at Stoney Island and $1,000 in cash.
Mary Jane Brewer -- $100 in cash.
Elizabeth Highwood -- two lots and building in Chesterton and $100 in cash. Had advancement of $500 not to be charged against her.
Anna Johnson -- two store buildings in Chesterton and $500 in cash.
Carrie Brown -- the homestead, with everything on the premises.
The rest of the estate is divided as follows: One-half to the two daughters Carrie Brown and Elizabeth Highwood, viz: Two-thirds of the one-half to Carried Brown and one-third to Elizabeth. The other half to be divided equally among Joseph, Frank, Jerome, George and James Brown.
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; February 4, 1899; Volume 15, Number 43, Page 1, Column 3.
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ABOUT THE COUNTY
Valparaiso.
Joseph and Carrie Brown have been appointed administrators of the estate of the late George Brown, of Chesterton.
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; February 4, 1899; Volume 15, Number 43, Page 5, Column 2.
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CHESTERTON CHIPS
Judge Gillett has granted the petition of J. F. Brown to be released from the bond of Carrie Soper as administratrix of the estate of the late George Brown. A new bond was filed in the sum of $15,000 with Jerome and James Brown as surities.
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; March 25, 1899; Volume 15, Number 50, Page 1, Column 2.
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THE BROWN WILL CONTEST.
Court Asked to Set Aside the Will by Heirs who Allege Its Maker was Insane When He Made It.
On Tuesday of this week Crumpacker Brothers and ex-Judge William Johnston, attorneys for Mary Jane Brewer and Elizabeth C. Highwood filed suit against, Joseph, John F., Jerome, Geo. M. and James Brown, and Anna M. Johnson and Carrie M. Soper to set aside the will of the late George Brown, of Chesterton. All the parties are children of the deceased, and Joseph Brown and Carrie M. Soper were named in the will as administrators of the estate.
The plaintiffs, in their complaint, allege that the estate was worth $50,000, and that the decedent was of unsound mind for some time before his death and was mentally incapable of disposing of his property at the time he made his will. It is also alleged that the will was "unduly executed" and that, in in this and other ways, the plaintiffs were kept from receiving their just dues as joint heirs to the estate. George Brown died on January 5, of this year and the will which was made November 8, 1889, provided, it is claimed by the defense, for the partition of the estate among the defendents with the exception of two houses and lots, valued together at $2,000, and $450 in money, which was to go to Mrs. Highwood and $100 in money which was set aside from the residue for Mrs. Brewer. Contrary to the usual course followed in such cases, the plaintiffs have not alleged that the defendants used any undue influence with the deceased to have themselves made preferred heirs, but confine themselves to the charge that he was unsound mind and that the will, such as it was, was improperly executed. They allege that because of this, the "will is wholly void and of no effect" and "they ask that it be set aside."
A. D. Bartholomew and Agnew & Kelly are attorneys for the defense.
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; April 15, 1899; Volume 16, Number 1, Page 1, Column 3.
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Settled Out of Court.
The case of Mary Jane Brewer and Elizabeth C. Highwood against the heirs of the late George Brown, of Chesterton, will be withdrawn from court, as an amicable arrnagement has been made between the contending parties by which Mrs. Brewer will receive $2,300 and four vacant lots in Chesterton, while Mrs. Highwood is guaranteed $1,500 from the surplus after the estate has been divided.
This conclusion was arrived at without consulting attorneys in the case and is looked on as the best thing that could have happened to all of the heirs.
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; May 6, 1899; Volume 16, Number 4, Page 8, Column 5.
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CHESTERTON CHIPS
It seems that that [sic] the proposed compromise among the Brown heirs over the distribution of the estate, has fallen through. On Monday, of this week, the heirs were to meet to accept or reject the proposition of the contestants, Mrs. Jane Brewer and Mrs. Kate Highwood. The following day, Mr. Highwood, husband of the latter, went to Valparaiso to see what had been done, and returned at noon. He says the case filed by his wife and Mrs. Brewer will be fought to the finish now, unless the terms proposed are accepted. The Highwoods want their share of the reserve fund guaranteed to them, and fear they will be need[ed] for expenses. Mrs. Brewer was practically disinherited by the will, and she seeks to break it. She incurred the displeasure of her father by marrying against his will, and since her marriage until her father's death, she was disowned by him.
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; May 13, 1899; Volume 16, Number 5, Page 8, Column 1.
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CHESTERTON CHIPS
The case of Jane Brewer et al vs. Joseph Brown, et al, a contest over the will of the late George Brown, has been sent to Laporte circuit court for trial. About $50,000 worth of property is Jackson and Westchester townships is involved.
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; July 8, 1899; Volume 16, Number 13, Page 4, Column 3.
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CHESTERTON CHIPS
Mrs. Carrie Soper resigned Saturday as co-administratrix of the estate of George Brown, deceased.
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; September 16, 1899; Volume 16, Number 23, Page 8, Column 2.
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BROWN WILL CASE.
On Trial This Week in the Laporte Circuit Court.
A Strong Fight Made to Break the Instrument on the Ground of Insanity of the Signer.
Conflicting Opinions Given on that Point By Man Witnesses.
LAPORTE, Ind., Oct. 26. – A narrative of domestic life has been spun this week in the Circuit Court in the trial of the Brown will case, which promises to become a cause celebre. The spectacle is witnesses of two daughters, given a scant allowance of a father's bounty, appearing as contestants of a rich man's will, seeking through eminent talent an equitable division of a fortune estimated to be worth between $50,000 and $60,000. The case was called Monday and at this writing the taking of evidence is still in progress with indications that tomorrow will witness the oratorical efforts of the formidable array of legal talent engaged in the case. Judge Richter is presiding at this first trial of a will case and a jury of 12 men, chosen from the various walks of life, will pass judgment on the evidence submitted as to the mental condition of George Brown, deceased.
The evidence adduced has not been without its spice. The evidence of Mrs. Brewer laid bare a life of toil and sacrifice. Mrs. Brewer told the story of her home life with some display of feeling. It was a narrative which related the cruelty of a father, which told a labor in the fields, in which she performed the labor of a man, of her inability to attend school, her education consisted of what knowledge was acquired in the lower grades of a country school. She told of the scanty attire which she was allowed, of the cruel treatment to which her mother was submitted by her father, of which she was also a subject. Then was recited the story of her bethrothal [sic] to Brewer, of Brown's bitter objections to the match, of her leaving home and of her residence in Valparaiso, where her mother had once come because of ill treatment received from her husband. Mrs. Brewer told of the struggles of herself and husband to acquire a home in Valparaiso. The evidence of Mrs. Brewer made an impression on the jury whose attention was readily apparent.
The first witness of the plaintiffs was ex-Mayor Suman, of Valparaiso, who said that George Brown was addicted to the use of liquor to excess. He also testified to the manual work he had seen Mrs. Brewer perform while she lived at home, stating that he had seen her build fence, gather stone, and load manure. He also stated that he had assisted Mr. Brown into his buggy at times when he was suffering from excess in drink.
Henry Dorman gave evidence of similar impact. Wm. Malone said he did not consider Brown of sound mind. He acted stupid and talked incessantly, conditions which the witness believed evidenced mental disorder. Edward Osborn said Brown was a habitual drinker and a man of eccentricities. He did not consider him a man of sound mind. He said he had seen Mrs. Brewer labor in the fields.
S. S. Morris said he had known Mr. Brown since 1858. He was not a man of sound mind in the opinion of Mr. Morris, who also gave evidence of the work which Mrs. Brewer performed when living at home. Frank Quick's evidence was along the same line and indicated his conviction that Brown was not a man of sound mind. He also gave evidence as to the value of two lots given Mrs. Highwood. Mrs. Shea testified that Brown talked in a rambling manner. She related a visit to the Brown house two weeks previous to the latter's death and the statement made to her that she should not talk to him for it was feared he would be crazy again. She believed he was of unsound mind. E. M. Reynolds, N. Demass, H. Friday, C. E. Hillstrom and C. Haslett testified that they did not believe Brown was a man of sound mind and related incidents that bore out their convictions.
Michael Negoshinski, a Polish farmer with a limited language, said that Brown had wanted to marry his daughter when she was but fourteen years of age. Upon one occasion Brown came to his house and laid upon the floor all night and he and his daughter believed that he was crazy.
Evidence was also introduced to prove unsoundness of mind by the statement of witnesses that Brown had referred to Niles Highwood as his guardian and of incoherent remarks made by Brown in talking of the matter.
Mrs. Anna Johnson, a daughter, told of her father's cruel treatment of his family and told of the circumstance of his having driven her mother out into the night and of the latter walking to Valparaiso. She said Brown called Highwood his guardian and that at times he would refuse to speak to her when she passed him on the street. Her father was addicted to falling spells.
Mrs. Soper said she was married soon after her father's death and that he was bitterly opposed to the match. Her husband went out of the front door while her father came in at the back door. Mrs. Soper's testimony was similar to that given by Mrs. Johnson.
Mrs. Harrigan, Peter Schartz, Andrew Seymour and Henry Reglein gave evidence bearing out the plaintiff's theory as to Brown's dementia.
Dr. Horace Wardner was introduced by plaintiffs as an expert on insanity, and in answer to a question which embodied a statement as to Brown's habits, treatment of his family and alleged hallucinations, stated that Brown was suffering from mental disorders. The cross examination, which was technical, strengthened the physician's evidence.
Nels Highwood said Brown frequently charged him with being his guardian and he disavowed any thought of a guardianship. Mrs. Highwood gave evidence that was in reiteration of that given by other members of the family.
The evidence offered by the defense has been to prove the saneness of the deceased previous to his last illness and testimony in support of this position was given by Thomas Ward, H. W. Killmer, William Felker, Ben Little, Geo. Brown, and others.
G. R. Williams stated that he wrote George Brown's will at the latter's direction. He related a conversation with Brown in which the latter told of the disposition he would make of his property. Mr. Williams said the decedent was of sound mind at the time the will was made.
E. T. Funk was a witness to the will and he believed Brown to be of sound mind, and upon the occasion of visits he made to the Brown home he saw nothing that would indicate any form of insanity.
Evidence was also introduced showing Brown's opposition to his daughter's marriage to Brewer, and of statements he had made that he would not leave any money for Brewer to spend. Brewer's reputation for integrity was also assailed as bearing out the reason for Brown's opposition to a matrimonial alliance between the couple.
The evidence for the defense will probably be finished tonight. It is likely that expert testimony will be offered an opinions differ as to the verdict.
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; October 28, 1899; Volume 16, Number 29, Page 4, Columns 4-6.
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Chesterton Chips.
Fourteen witnesses were heard the first day of the Brown trial. There was a great diversity of opinion expressed regarding George Brown during the past 30 years. One witness swore that the deceased had been unfit to do business for the last 28 years.
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; October 28, 1899; Volume 16, Number 29, Page 5, Column 2.
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JUDGEMENT [sic] FOR PLAINTIFF.
The Brown Will is Set Aside by the Jury.
LAPORTE, Oct. 28. -- The jury in the Brown will case, which has been on trial all week in the circuit court returned a verdict in favor of the plaintiff to set aside the will. An administrator will be appointed and the estate more equitably distributed unless the case shall be appealed to a higher court or a new trial granted.
The case was instituted by Mary J. Brewer and Elizabeth C. Highwood against Joseph Brown, Carrie Soper and others. The estate in litigation was owned by the late George Brown, of Chesterton, who died on Jan. 5, 1899. He made his will and it was probated in the Porter circuit court. Joseph Brown and Carried Soper were named as administrators. The estate is valued at $50,000, and all of it, with the exception of $500 in cash, was willed to his son, Joseph Brown, and other children of the decedent, who constituted the defendants in the law suit, and the $500 was divided between the plaintiffs, Mrs. Brewer and Mrs. Highwood, daughters of the decedent, one of whom received $100 and the other and the other [sic] one $400.
The verdict was returned at 10 o'clock this morning and the jury retired at about 4 o'clock yesterday afternoon. It is understood that the defendents [sic] will ask for a new trial. Wm. Johnson and Congressman Crumpacker of Valparaiso, were the attorneys for the plaintiffs and William and A. D. Bartholomew, of Valparaiso, and F. E. Osborn for the defense.
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; November 4, 1899; Volume 16, Number 30, Page 1, Column 7.
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THE BROKEN WILL.
Verbatum [sic] Copy of the Now Famous Instrument.
Disposing the Property of the Late George Brown, and Over Which a Great Legal Battle was Fought.
Much curiosity has been expressed regarding the contents of the now famous George Brown will, which was declared null void by a Laporte county jury recently, on the ground that the maker was of unsound mind when he made it. At the request of a number of people the Tribune published below a verbatim copy of the document:
Be it known that I, George Brown, of Porter county, Indiana, do hereby make and declare this to be my last Will and Testament.
I wish all my just debts, if any, at the time of my decease, and funeral expenses, to be promptly paid.
Items 1st -- I give, devise and bequeath to my son, Joseph Brown, my two lots in fee simple located in the town of Porter, Indiana, and described as follows, to-wit: Lots 13 and 14, in block 3, in Simmons addition to the town of Porter, in the county of Porter and state of Indiana. Also my real estate in the city of Chicago described as follows, to-wit: Lot No. 19 in block 4, in Gideon E. Clark's sub-division of Stoney Island Heights, being a sub-division of part of the south-west quarter of section 1 township 37 north range 14 east of the 3d principal meridian, situated in the city of Chicago, county of Cook and state of Illinois. My said son Joseph has received from me advancements of 80 acres of land and $1,000 in cash, and said advancements are taken account of by me at this time and allowed to him.
Item 2nd -- I give, devise and bequeath to my son, John Frank Brown, my two lots in fee simple located in Porter, Indiana, described as follows, to-wit: Lots 32 and 33 in block 6 in Simmons addition to the town of Porter, in the county of Porter and state of Indiana. Also my lot in fee simple located in the city of Chicago, Illinois, described as follows, to-wit: Lot 25 in block 4 in Gideon E. Clark's sub-division of Stoney Island Heights, being a sub-division of part of the south-west quarter of section 1 township 37 north range 14 east of the third principal meridian, in the city of Chicago, county of Cook and state of Illinois. Said son Frank has received of me advancements of 80 acres of land and $1,000, which I take account of at the time of making this will and allow to him.
Item 3rd -- I give, devise and bequeath to my son, Jerome Brown, my real estate in fee simple described as follows, to-wit: The south west fractional quarter of section 11 township 117 north range 50 in Deuel county and state of South Dakota. Also the south-east fractional quarter and the south west quarter of the north-east quarter section 23 township 117 north range 50 in Deuel county and state of South Dakota. Also my lot in the city of Chicago, Illinois, described as follows, to-wit: Lot No. 11 in Gideon Clark's sub-division of block 9 in the Stoney Island Heights subdivision, being a subdivision made by the Calumet and Chicago Canal and Dock Company of part of the south-west quarter of section 1 township 37 north range 14 east of the third principal mrredian [sic], in Cook county, Illinois.
I also desire that said son, Jerome, be released from the payment of all the notes and obligations held by me against him at the time of my decease, and that said obligations and notes shall be cancelled and marked paid. Said son, Jerome, has received advancements of $500 and 80 acres of land, which are taken account of by me in fixing the amount hereby given to him. The description of said advancement of land is as follows, to-wit: The south-west quarter of the south-west quarter of section 15, township 36 north range 5 west, and the south east quarter of the south-east quarter of section 16 township 36 north range 5 west, all in Porter county and state of Indiana, and if it shall be found that I have not made a deed of said land to said son Jerome at the time of my deceased, I hereby give and devise to him in fee simple said 80 acres of land.
Item 4th -- I give, devise and bequeath to my son, George M. Brown, my 160 acres of land in Porter county, Indiana, described as follows, to-wit: The south-west quarter of section 8 township 36 north range 5 west in the county of Porter and state of Indiana.
Said son, George, has received advancements of a house and lot in Chesterton, Indiana, and $300, which are taken account of by me at the time of making this will and allowed to him.
Item 5th -- I give, devise and bequeath in fee simple to my son, James Brown, my 80 acres of land described as follows, to-wit: The north half of the south-east quarter of section 16 township 36 north range 5 west, in Porter county and state of Indiana.
Also my lot in the town of Hyde Park, Illinois, described as follows, to-wit: Lot 37 in block 6 in the town of Hyde Park in the county of Cook and state of Illinois. Also my real estate in the city of Chicago, Illinois, described as follows, to-wit: Lot 12 in Gideon Clark's subdivision of block 9 in Stoney Island Heights subdivision, being a subdivision made by the Calumet and Chicago Canal and Dock Company of part of the south west quarter of section 1 township 37 north range 14 east of the third principal meridian, situated in the city of Chicago, county of Cook and state of Illinois.
Also $1,000 in cash.
Item 6th -- I give and bequeath to my daughter, Mary Jane, (wife of John Brewer) $100 in cash.
Item 7th -- I give, devise and bequeath in fee simple to my daughter, Elizabeth Chloe, (wife of Niles Highwood) the following real estate, to wit: Lots 6 and 7 in block 5 in the town of Chesterton, county of Porter and state of Indiana. Also $100 in cash. Said daughter, Elizabeth Chloe, has received advancements to the amount of $600, which are taken account of in making this will and allowed her.
Item 8th -- I give, devise and bequeath to my daughter, Anna, (wife of Gust Johnson) my store building in Chesterton, Indiana, described as follows, to-wit: Lot 8 in block 3, except 6 inches on the north side thereof, in the town of Chesterton, county of Porter and state of Indiana.
Said daughter Anna having received an advancement of $500, said sum is taken account of at the time of making this will and allowed to her.
Item 9th -- I give, devise and bequeath to my daughter, Carrie Brown, the homestead, consisting of 10 acres of land in fee simple, located in and being a part of the south-west quarter of section 36 towdship [sic] 37 range 6 west in the county of Porter and state of Indiana. Said homestead be taken just as it shall stand at the time of my decease, including all the furniture of every kind and description in and belonging to the house thereon, also all the horses and other stock upon said homestead, also the wagon, buggy, harness and all other property of every kind and description belonging to said premises, herein called my homestead.
Item 10th -- All the rest, remainder and residue of my estate, real, personal or mixed, of which I shall die seized and possessed, or to which I shall be entitled at the time of my decease not hereinbefore provided for, I give devise and bequeath to be divided as follows, to-wit:
One half of said residue to be given to my two daughters, Carrie and Elizabeth Chloe, above named; Carrie to receive two thirds and said one half and Elizabeth Chloe the other third of said half. The other half of said residue to be divided equally among my five sons, Joseph, Frank, Jerome, George and James above named.
Lastly I do hereby nominate and appoint ------------- to be executor of this will.
In testimony whereof I have hereunto set my hand and seal this 28th day of November, 1898.
GEORGE BROWN, [Seal]
Signed, sealed, published and declared by George Brown, as and for his last will and testament, in the presence of us, the undersigned, who at his request and in his presence, and in the presence of each other, have subscribed our names as witnesses hereto.
Witness our hands and seals this 28th day of November, 1898.
E. T. FUNK, [Seal].
H. GREEN, [Seal].
G. R. WILLIAMS, [Seal].
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; November 11, 1899; Volume 16, Number 31, Page 1, Columns 4-5.
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Valparaiso.
The Brown heirs are trying to settle the differences out of court, and several propositions have been made.
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; November 11, 1899; Volume 16, Number 31, Page 4, Column 2.
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NEW TRIAL IS ASKED FOR.
Cost of the Trial of the Brown Will Contest Case Was $258.60.
The Laporte Herald says: The defense in the Brown will contest has filed a motion for a new trial. It will be remembered that the plaintiffs won, thereby breaking the will of the testator, who left an estate of $50,000.
County Clerk McClung has just completed Laporte county's bill against Porter county for this trial. It amounts to $258.60, which sum comes out of the Brown estate.
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; November 25, 1899; Volume 16, Number 33, Page 1, Column 6.
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Chesterton Chips.
The appraisers appointed by the court to take an inventory of the George Brown estate, and fix its value, began work Wednesday morning. Mr. and Mrs. Soper, to whom the will gave the homestead, are moving from the house into a cottage owned by P. A. Johnson. It is now reported that a settlement among the heirs has been agreed upon.
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; November 25, 1899; Volume 16, Number 33, Page 5, Column 5.
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Valparaiso.
The Brown will case has been settled by the heirs signing an agreement, and the case will not be appealed to the supreme court.
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; December 23, 1899; Volume 16, Number 37, Page 5, Column 6.
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Chesterton Chips.
The division of the Brown estate is now in the hands of three commissioners, and their division is to be final, all of the heirs having agreed to this. A few days ago the household goods in the homestead were sold to the heirs at public auction, and it is understood that the house will be sold at private sale and the proceeds divided among the heirs.
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; January 13, 1900; Volume 16, Number 40, Page 5, Column 3.
Source: Goodspeed, Weston A., and Charles Blanchard. 1882. Counties of Porter and Lake, Indiana: Historical and Biographical, Illustrated. Chicago, Illinois: F. A. Battey & Company. 771 p. [see p. 357]
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DEATHS
GEORGE BROWN.
Death has again taken another of our old and well known settlers from among us.
George Brown was born in the County of Cumberland, England, Dec. 2, 1827. He came to America, accompanied by his sister, Jane Thompson, in 1852, and for a short time remained in the state of New York, coming to Laporte county and shortly after moved to Jackson township, Porter county, where he became one of the largest land owners in the county, possessing at one time nearly 900 acres of land.
On July 17, 1855, he was married to Charety A. Carter. Ten children were the fruits of this union: Mary J., Joseph, J. Frank, Jerome, George M., James, Elizabeth C., Charles W., Anna M. and Carrie, all of whom survive him except Charles W., who died at the ago of 19 years.
In 1885 Mr. Brown erected his handsome residence near Chesterton, which is one of the finest homes in this part of the state, where he has since lived with his family. On April 21, 1895, the grim reaper entered his home and took from him his life companion.
Early last fall Mr. Brown's health began to fail and he was confined to his house part of the time, but about the first of January he was compelled to remain in bed and since that time he has failed rapidly. The early part of last week he gained in strength and his friends had hopes of his recovery, but Wednesday evening he began failing very rapidly until Friday morning at 12:15 when death relieved him of all earthly cares and suffering. Mr. Brown was conscious to the last and recognized his children, who remained with him to the last and were a great comfort to him in his last days, until he peacefully passed away.
The funeral services were held Sunday from the residence, the Rev. Holmgrain officiating. The funeral cortege was one of the largest seen in Chesterton in recent years, and was attended by a great many friends from abroad. The remains were laid to rest in the Chesterton cemetery. He was 71 years and 1 month of age. He leaves a family of 9 children and a large circle of friends to mourn his loss.
During his life Mr. Brown accumulated considerable wealth by his close attention to business and by careful investments. The estate is valued at about $30,000.
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; January 28, 1899; Volume 15, Number 42, Page 1, Column 4.
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CHESTERTON CHIPS
As we go to press this morning, we learn of the death of George Brown, which occuredat [sic] 12 o'clock last night. The funeral will be held Sunday afternoon at 2 o'clock. Obituary will appear in our next issue.
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; January 28, 1899; Volume 15, Number 42, Page 1, Column 4.
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CHESTERTON CHIPS
Frank Carter and wife, of Hobart, attended Geo. Brown's funeral Sunday.
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; January 28, 1899; Volume 15, Number 42, Page 1, Column 3.
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CHESTERTON CHIPS
Mr. and Mrs. Chas. Pearson, of Roseland, attended the funeral of the late George Brown Sunday.
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; January 28, 1899; Volume 15, Number 42, Page 1, Column 3.
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CHESTERTON CHIPS
Mr. M. J. O'Brien, of Kouts, Sunday attended the funeral of Geo. Brown. Mr. O'Brien is well known here among the older people. He says Chesterton was his "jumping-off" place when he came to this county 41 years ago.
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; January 28, 1899; Volume 15, Number 42, Page 1, Column 3.
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CHESTERTON CHIPS
Joseph and Miss Carrie Brown were named as joint administrators of the estate of the late George Brown. The will was probated last Thursday.
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; February 4, 1899; Volume 15, Number 43, Page 1, Column 2.
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Will of the Late George Brown.
The will of the late George Brown was probated last Thursday, and is divided as follows:
Joseph Brown -- two lots in town of Porter; one lot and building at Stoney Island. Had received 80 acres of land and $1000 heretofore which is not to be charged up against him.
John Frank Brown received the same allotment as Joseph.
Jerome Brown -- two farms in Denel county, South Dakota, and lot and building at Stoney Island. Also released from all notes and obligations to estate. Had heretofore received $500 cash and 80 acres of land.
George W. Brown -- 160 acres of land in Porter county; house and lot in Chesterton, and $300 in Cash.
James Brown -- 80 acres of land in Porter county; lot in Hyde Park; lot and building at Stoney Island and $1,000 in cash.
Mary Jane Brewer -- $100 in cash.
Elizabeth Highwood -- two lots and building in Chesterton and $100 in cash. Had advancement of $500 not to be charged against her.
Anna Johnson -- two store buildings in Chesterton and $500 in cash.
Carrie Brown -- the homestead, with everything on the premises.
The rest of the estate is divided as follows: One-half to the two daughters Carrie Brown and Elizabeth Highwood, viz: Two-thirds of the one-half to Carried Brown and one-third to Elizabeth. The other half to be divided equally among Joseph, Frank, Jerome, George and James Brown.
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; February 4, 1899; Volume 15, Number 43, Page 1, Column 3.
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ABOUT THE COUNTY
Valparaiso.
Joseph and Carrie Brown have been appointed administrators of the estate of the late George Brown, of Chesterton.
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; February 4, 1899; Volume 15, Number 43, Page 5, Column 2.
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CHESTERTON CHIPS
Judge Gillett has granted the petition of J. F. Brown to be released from the bond of Carrie Soper as administratrix of the estate of the late George Brown. A new bond was filed in the sum of $15,000 with Jerome and James Brown as surities.
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; March 25, 1899; Volume 15, Number 50, Page 1, Column 2.
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THE BROWN WILL CONTEST.
Court Asked to Set Aside the Will by Heirs who Allege Its Maker was Insane When He Made It.
On Tuesday of this week Crumpacker Brothers and ex-Judge William Johnston, attorneys for Mary Jane Brewer and Elizabeth C. Highwood filed suit against, Joseph, John F., Jerome, Geo. M. and James Brown, and Anna M. Johnson and Carrie M. Soper to set aside the will of the late George Brown, of Chesterton. All the parties are children of the deceased, and Joseph Brown and Carrie M. Soper were named in the will as administrators of the estate.
The plaintiffs, in their complaint, allege that the estate was worth $50,000, and that the decedent was of unsound mind for some time before his death and was mentally incapable of disposing of his property at the time he made his will. It is also alleged that the will was "unduly executed" and that, in in this and other ways, the plaintiffs were kept from receiving their just dues as joint heirs to the estate. George Brown died on January 5, of this year and the will which was made November 8, 1889, provided, it is claimed by the defense, for the partition of the estate among the defendents with the exception of two houses and lots, valued together at $2,000, and $450 in money, which was to go to Mrs. Highwood and $100 in money which was set aside from the residue for Mrs. Brewer. Contrary to the usual course followed in such cases, the plaintiffs have not alleged that the defendants used any undue influence with the deceased to have themselves made preferred heirs, but confine themselves to the charge that he was unsound mind and that the will, such as it was, was improperly executed. They allege that because of this, the "will is wholly void and of no effect" and "they ask that it be set aside."
A. D. Bartholomew and Agnew & Kelly are attorneys for the defense.
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; April 15, 1899; Volume 16, Number 1, Page 1, Column 3.
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Settled Out of Court.
The case of Mary Jane Brewer and Elizabeth C. Highwood against the heirs of the late George Brown, of Chesterton, will be withdrawn from court, as an amicable arrnagement has been made between the contending parties by which Mrs. Brewer will receive $2,300 and four vacant lots in Chesterton, while Mrs. Highwood is guaranteed $1,500 from the surplus after the estate has been divided.
This conclusion was arrived at without consulting attorneys in the case and is looked on as the best thing that could have happened to all of the heirs.
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; May 6, 1899; Volume 16, Number 4, Page 8, Column 5.
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CHESTERTON CHIPS
It seems that that [sic] the proposed compromise among the Brown heirs over the distribution of the estate, has fallen through. On Monday, of this week, the heirs were to meet to accept or reject the proposition of the contestants, Mrs. Jane Brewer and Mrs. Kate Highwood. The following day, Mr. Highwood, husband of the latter, went to Valparaiso to see what had been done, and returned at noon. He says the case filed by his wife and Mrs. Brewer will be fought to the finish now, unless the terms proposed are accepted. The Highwoods want their share of the reserve fund guaranteed to them, and fear they will be need[ed] for expenses. Mrs. Brewer was practically disinherited by the will, and she seeks to break it. She incurred the displeasure of her father by marrying against his will, and since her marriage until her father's death, she was disowned by him.
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; May 13, 1899; Volume 16, Number 5, Page 8, Column 1.
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CHESTERTON CHIPS
The case of Jane Brewer et al vs. Joseph Brown, et al, a contest over the will of the late George Brown, has been sent to Laporte circuit court for trial. About $50,000 worth of property is Jackson and Westchester townships is involved.
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; July 8, 1899; Volume 16, Number 13, Page 4, Column 3.
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CHESTERTON CHIPS
Mrs. Carrie Soper resigned Saturday as co-administratrix of the estate of George Brown, deceased.
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; September 16, 1899; Volume 16, Number 23, Page 8, Column 2.
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BROWN WILL CASE.
On Trial This Week in the Laporte Circuit Court.
A Strong Fight Made to Break the Instrument on the Ground of Insanity of the Signer.
Conflicting Opinions Given on that Point By Man Witnesses.
LAPORTE, Ind., Oct. 26. – A narrative of domestic life has been spun this week in the Circuit Court in the trial of the Brown will case, which promises to become a cause celebre. The spectacle is witnesses of two daughters, given a scant allowance of a father's bounty, appearing as contestants of a rich man's will, seeking through eminent talent an equitable division of a fortune estimated to be worth between $50,000 and $60,000. The case was called Monday and at this writing the taking of evidence is still in progress with indications that tomorrow will witness the oratorical efforts of the formidable array of legal talent engaged in the case. Judge Richter is presiding at this first trial of a will case and a jury of 12 men, chosen from the various walks of life, will pass judgment on the evidence submitted as to the mental condition of George Brown, deceased.
The evidence adduced has not been without its spice. The evidence of Mrs. Brewer laid bare a life of toil and sacrifice. Mrs. Brewer told the story of her home life with some display of feeling. It was a narrative which related the cruelty of a father, which told a labor in the fields, in which she performed the labor of a man, of her inability to attend school, her education consisted of what knowledge was acquired in the lower grades of a country school. She told of the scanty attire which she was allowed, of the cruel treatment to which her mother was submitted by her father, of which she was also a subject. Then was recited the story of her bethrothal [sic] to Brewer, of Brown's bitter objections to the match, of her leaving home and of her residence in Valparaiso, where her mother had once come because of ill treatment received from her husband. Mrs. Brewer told of the struggles of herself and husband to acquire a home in Valparaiso. The evidence of Mrs. Brewer made an impression on the jury whose attention was readily apparent.
The first witness of the plaintiffs was ex-Mayor Suman, of Valparaiso, who said that George Brown was addicted to the use of liquor to excess. He also testified to the manual work he had seen Mrs. Brewer perform while she lived at home, stating that he had seen her build fence, gather stone, and load manure. He also stated that he had assisted Mr. Brown into his buggy at times when he was suffering from excess in drink.
Henry Dorman gave evidence of similar impact. Wm. Malone said he did not consider Brown of sound mind. He acted stupid and talked incessantly, conditions which the witness believed evidenced mental disorder. Edward Osborn said Brown was a habitual drinker and a man of eccentricities. He did not consider him a man of sound mind. He said he had seen Mrs. Brewer labor in the fields.
S. S. Morris said he had known Mr. Brown since 1858. He was not a man of sound mind in the opinion of Mr. Morris, who also gave evidence of the work which Mrs. Brewer performed when living at home. Frank Quick's evidence was along the same line and indicated his conviction that Brown was not a man of sound mind. He also gave evidence as to the value of two lots given Mrs. Highwood. Mrs. Shea testified that Brown talked in a rambling manner. She related a visit to the Brown house two weeks previous to the latter's death and the statement made to her that she should not talk to him for it was feared he would be crazy again. She believed he was of unsound mind. E. M. Reynolds, N. Demass, H. Friday, C. E. Hillstrom and C. Haslett testified that they did not believe Brown was a man of sound mind and related incidents that bore out their convictions.
Michael Negoshinski, a Polish farmer with a limited language, said that Brown had wanted to marry his daughter when she was but fourteen years of age. Upon one occasion Brown came to his house and laid upon the floor all night and he and his daughter believed that he was crazy.
Evidence was also introduced to prove unsoundness of mind by the statement of witnesses that Brown had referred to Niles Highwood as his guardian and of incoherent remarks made by Brown in talking of the matter.
Mrs. Anna Johnson, a daughter, told of her father's cruel treatment of his family and told of the circumstance of his having driven her mother out into the night and of the latter walking to Valparaiso. She said Brown called Highwood his guardian and that at times he would refuse to speak to her when she passed him on the street. Her father was addicted to falling spells.
Mrs. Soper said she was married soon after her father's death and that he was bitterly opposed to the match. Her husband went out of the front door while her father came in at the back door. Mrs. Soper's testimony was similar to that given by Mrs. Johnson.
Mrs. Harrigan, Peter Schartz, Andrew Seymour and Henry Reglein gave evidence bearing out the plaintiff's theory as to Brown's dementia.
Dr. Horace Wardner was introduced by plaintiffs as an expert on insanity, and in answer to a question which embodied a statement as to Brown's habits, treatment of his family and alleged hallucinations, stated that Brown was suffering from mental disorders. The cross examination, which was technical, strengthened the physician's evidence.
Nels Highwood said Brown frequently charged him with being his guardian and he disavowed any thought of a guardianship. Mrs. Highwood gave evidence that was in reiteration of that given by other members of the family.
The evidence offered by the defense has been to prove the saneness of the deceased previous to his last illness and testimony in support of this position was given by Thomas Ward, H. W. Killmer, William Felker, Ben Little, Geo. Brown, and others.
G. R. Williams stated that he wrote George Brown's will at the latter's direction. He related a conversation with Brown in which the latter told of the disposition he would make of his property. Mr. Williams said the decedent was of sound mind at the time the will was made.
E. T. Funk was a witness to the will and he believed Brown to be of sound mind, and upon the occasion of visits he made to the Brown home he saw nothing that would indicate any form of insanity.
Evidence was also introduced showing Brown's opposition to his daughter's marriage to Brewer, and of statements he had made that he would not leave any money for Brewer to spend. Brewer's reputation for integrity was also assailed as bearing out the reason for Brown's opposition to a matrimonial alliance between the couple.
The evidence for the defense will probably be finished tonight. It is likely that expert testimony will be offered an opinions differ as to the verdict.
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; October 28, 1899; Volume 16, Number 29, Page 4, Columns 4-6.
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Chesterton Chips.
Fourteen witnesses were heard the first day of the Brown trial. There was a great diversity of opinion expressed regarding George Brown during the past 30 years. One witness swore that the deceased had been unfit to do business for the last 28 years.
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; October 28, 1899; Volume 16, Number 29, Page 5, Column 2.
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JUDGEMENT [sic] FOR PLAINTIFF.
The Brown Will is Set Aside by the Jury.
LAPORTE, Oct. 28. -- The jury in the Brown will case, which has been on trial all week in the circuit court returned a verdict in favor of the plaintiff to set aside the will. An administrator will be appointed and the estate more equitably distributed unless the case shall be appealed to a higher court or a new trial granted.
The case was instituted by Mary J. Brewer and Elizabeth C. Highwood against Joseph Brown, Carrie Soper and others. The estate in litigation was owned by the late George Brown, of Chesterton, who died on Jan. 5, 1899. He made his will and it was probated in the Porter circuit court. Joseph Brown and Carried Soper were named as administrators. The estate is valued at $50,000, and all of it, with the exception of $500 in cash, was willed to his son, Joseph Brown, and other children of the decedent, who constituted the defendants in the law suit, and the $500 was divided between the plaintiffs, Mrs. Brewer and Mrs. Highwood, daughters of the decedent, one of whom received $100 and the other and the other [sic] one $400.
The verdict was returned at 10 o'clock this morning and the jury retired at about 4 o'clock yesterday afternoon. It is understood that the defendents [sic] will ask for a new trial. Wm. Johnson and Congressman Crumpacker of Valparaiso, were the attorneys for the plaintiffs and William and A. D. Bartholomew, of Valparaiso, and F. E. Osborn for the defense.
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; November 4, 1899; Volume 16, Number 30, Page 1, Column 7.
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THE BROKEN WILL.
Verbatum [sic] Copy of the Now Famous Instrument.
Disposing the Property of the Late George Brown, and Over Which a Great Legal Battle was Fought.
Much curiosity has been expressed regarding the contents of the now famous George Brown will, which was declared null void by a Laporte county jury recently, on the ground that the maker was of unsound mind when he made it. At the request of a number of people the Tribune published below a verbatim copy of the document:
Be it known that I, George Brown, of Porter county, Indiana, do hereby make and declare this to be my last Will and Testament.
I wish all my just debts, if any, at the time of my decease, and funeral expenses, to be promptly paid.
Items 1st -- I give, devise and bequeath to my son, Joseph Brown, my two lots in fee simple located in the town of Porter, Indiana, and described as follows, to-wit: Lots 13 and 14, in block 3, in Simmons addition to the town of Porter, in the county of Porter and state of Indiana. Also my real estate in the city of Chicago described as follows, to-wit: Lot No. 19 in block 4, in Gideon E. Clark's sub-division of Stoney Island Heights, being a sub-division of part of the south-west quarter of section 1 township 37 north range 14 east of the 3d principal meridian, situated in the city of Chicago, county of Cook and state of Illinois. My said son Joseph has received from me advancements of 80 acres of land and $1,000 in cash, and said advancements are taken account of by me at this time and allowed to him.
Item 2nd -- I give, devise and bequeath to my son, John Frank Brown, my two lots in fee simple located in Porter, Indiana, described as follows, to-wit: Lots 32 and 33 in block 6 in Simmons addition to the town of Porter, in the county of Porter and state of Indiana. Also my lot in fee simple located in the city of Chicago, Illinois, described as follows, to-wit: Lot 25 in block 4 in Gideon E. Clark's sub-division of Stoney Island Heights, being a sub-division of part of the south-west quarter of section 1 township 37 north range 14 east of the third principal meridian, in the city of Chicago, county of Cook and state of Illinois. Said son Frank has received of me advancements of 80 acres of land and $1,000, which I take account of at the time of making this will and allow to him.
Item 3rd -- I give, devise and bequeath to my son, Jerome Brown, my real estate in fee simple described as follows, to-wit: The south west fractional quarter of section 11 township 117 north range 50 in Deuel county and state of South Dakota. Also the south-east fractional quarter and the south west quarter of the north-east quarter section 23 township 117 north range 50 in Deuel county and state of South Dakota. Also my lot in the city of Chicago, Illinois, described as follows, to-wit: Lot No. 11 in Gideon Clark's sub-division of block 9 in the Stoney Island Heights subdivision, being a subdivision made by the Calumet and Chicago Canal and Dock Company of part of the south-west quarter of section 1 township 37 north range 14 east of the third principal mrredian [sic], in Cook county, Illinois.
I also desire that said son, Jerome, be released from the payment of all the notes and obligations held by me against him at the time of my decease, and that said obligations and notes shall be cancelled and marked paid. Said son, Jerome, has received advancements of $500 and 80 acres of land, which are taken account of by me in fixing the amount hereby given to him. The description of said advancement of land is as follows, to-wit: The south-west quarter of the south-west quarter of section 15, township 36 north range 5 west, and the south east quarter of the south-east quarter of section 16 township 36 north range 5 west, all in Porter county and state of Indiana, and if it shall be found that I have not made a deed of said land to said son Jerome at the time of my deceased, I hereby give and devise to him in fee simple said 80 acres of land.
Item 4th -- I give, devise and bequeath to my son, George M. Brown, my 160 acres of land in Porter county, Indiana, described as follows, to-wit: The south-west quarter of section 8 township 36 north range 5 west in the county of Porter and state of Indiana.
Said son, George, has received advancements of a house and lot in Chesterton, Indiana, and $300, which are taken account of by me at the time of making this will and allowed to him.
Item 5th -- I give, devise and bequeath in fee simple to my son, James Brown, my 80 acres of land described as follows, to-wit: The north half of the south-east quarter of section 16 township 36 north range 5 west, in Porter county and state of Indiana.
Also my lot in the town of Hyde Park, Illinois, described as follows, to-wit: Lot 37 in block 6 in the town of Hyde Park in the county of Cook and state of Illinois. Also my real estate in the city of Chicago, Illinois, described as follows, to-wit: Lot 12 in Gideon Clark's subdivision of block 9 in Stoney Island Heights subdivision, being a subdivision made by the Calumet and Chicago Canal and Dock Company of part of the south west quarter of section 1 township 37 north range 14 east of the third principal meridian, situated in the city of Chicago, county of Cook and state of Illinois.
Also $1,000 in cash.
Item 6th -- I give and bequeath to my daughter, Mary Jane, (wife of John Brewer) $100 in cash.
Item 7th -- I give, devise and bequeath in fee simple to my daughter, Elizabeth Chloe, (wife of Niles Highwood) the following real estate, to wit: Lots 6 and 7 in block 5 in the town of Chesterton, county of Porter and state of Indiana. Also $100 in cash. Said daughter, Elizabeth Chloe, has received advancements to the amount of $600, which are taken account of in making this will and allowed her.
Item 8th -- I give, devise and bequeath to my daughter, Anna, (wife of Gust Johnson) my store building in Chesterton, Indiana, described as follows, to-wit: Lot 8 in block 3, except 6 inches on the north side thereof, in the town of Chesterton, county of Porter and state of Indiana.
Said daughter Anna having received an advancement of $500, said sum is taken account of at the time of making this will and allowed to her.
Item 9th -- I give, devise and bequeath to my daughter, Carrie Brown, the homestead, consisting of 10 acres of land in fee simple, located in and being a part of the south-west quarter of section 36 towdship [sic] 37 range 6 west in the county of Porter and state of Indiana. Said homestead be taken just as it shall stand at the time of my decease, including all the furniture of every kind and description in and belonging to the house thereon, also all the horses and other stock upon said homestead, also the wagon, buggy, harness and all other property of every kind and description belonging to said premises, herein called my homestead.
Item 10th -- All the rest, remainder and residue of my estate, real, personal or mixed, of which I shall die seized and possessed, or to which I shall be entitled at the time of my decease not hereinbefore provided for, I give devise and bequeath to be divided as follows, to-wit:
One half of said residue to be given to my two daughters, Carrie and Elizabeth Chloe, above named; Carrie to receive two thirds and said one half and Elizabeth Chloe the other third of said half. The other half of said residue to be divided equally among my five sons, Joseph, Frank, Jerome, George and James above named.
Lastly I do hereby nominate and appoint ------------- to be executor of this will.
In testimony whereof I have hereunto set my hand and seal this 28th day of November, 1898.
GEORGE BROWN, [Seal]
Signed, sealed, published and declared by George Brown, as and for his last will and testament, in the presence of us, the undersigned, who at his request and in his presence, and in the presence of each other, have subscribed our names as witnesses hereto.
Witness our hands and seals this 28th day of November, 1898.
E. T. FUNK, [Seal].
H. GREEN, [Seal].
G. R. WILLIAMS, [Seal].
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; November 11, 1899; Volume 16, Number 31, Page 1, Columns 4-5.
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Valparaiso.
The Brown heirs are trying to settle the differences out of court, and several propositions have been made.
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; November 11, 1899; Volume 16, Number 31, Page 4, Column 2.
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NEW TRIAL IS ASKED FOR.
Cost of the Trial of the Brown Will Contest Case Was $258.60.
The Laporte Herald says: The defense in the Brown will contest has filed a motion for a new trial. It will be remembered that the plaintiffs won, thereby breaking the will of the testator, who left an estate of $50,000.
County Clerk McClung has just completed Laporte county's bill against Porter county for this trial. It amounts to $258.60, which sum comes out of the Brown estate.
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; November 25, 1899; Volume 16, Number 33, Page 1, Column 6.
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Chesterton Chips.
The appraisers appointed by the court to take an inventory of the George Brown estate, and fix its value, began work Wednesday morning. Mr. and Mrs. Soper, to whom the will gave the homestead, are moving from the house into a cottage owned by P. A. Johnson. It is now reported that a settlement among the heirs has been agreed upon.
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; November 25, 1899; Volume 16, Number 33, Page 5, Column 5.
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Valparaiso.
The Brown will case has been settled by the heirs signing an agreement, and the case will not be appealed to the supreme court.
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; December 23, 1899; Volume 16, Number 37, Page 5, Column 6.
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Chesterton Chips.
The division of the Brown estate is now in the hands of three commissioners, and their division is to be final, all of the heirs having agreed to this. A few days ago the household goods in the homestead were sold to the heirs at public auction, and it is understood that the house will be sold at private sale and the proceeds divided among the heirs.
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; January 13, 1900; Volume 16, Number 40, Page 5, Column 3.
GEORGE BROWN was born in Cumberland County, England, December 28, 1828, and is a son of George and Jane (Myers) Brown. His parents were born, reared and married in England, where they both died. George Brown came to America, in company with a sister and brother-in-law, in 1852. For a while he remained in the State of New York, from where he came first to La Porte, and afterward to Porter County, Ind., and settled where he now resides, and where he is one of the largest land-owners, possessing about nine hundred acres. On July 17, 1855, he was married to Charity A. Carter. The family of Mr. and Mrs. Brown consists of ten children - Mary J., wife of J. Brewer; Josiah, John F., Jerome, George M., James, Elizabeth C., Charles W., Anna M. and Carrie. Mr. Brown is a member of Chesterton Lodge, No. 379, A. F. & A. M., also of Westville Lodge No. 176, I. O. O. F. In politics, he is a stanch Democrat, but liberal in local affairs.
Source: Goodspeed, Weston A., and Charles Blanchard. 1882. Counties of Porter and Lake, Indiana: Historical and Biographical, Illustrated. Chicago, Illinois: F. A. Battey & Company. 771 p. [see p. 357]
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DEATHS
GEORGE BROWN.
Death has again taken another of our old and well known settlers from among us.
George Brown was born in the County of Cumberland, England, Dec. 2, 1827. He came to America, accompanied by his sister, Jane Thompson, in 1852, and for a short time remained in the state of New York, coming to Laporte county and shortly after moved to Jackson township, Porter county, where he became one of the largest land owners in the county, possessing at one time nearly 900 acres of land.
On July 17, 1855, he was married to Charety A. Carter. Ten children were the fruits of this union: Mary J., Joseph, J. Frank, Jerome, George M., James, Elizabeth C., Charles W., Anna M. and Carrie, all of whom survive him except Charles W., who died at the ago of 19 years.
In 1885 Mr. Brown erected his handsome residence near Chesterton, which is one of the finest homes in this part of the state, where he has since lived with his family. On April 21, 1895, the grim reaper entered his home and took from him his life companion.
Early last fall Mr. Brown's health began to fail and he was confined to his house part of the time, but about the first of January he was compelled to remain in bed and since that time he has failed rapidly. The early part of last week he gained in strength and his friends had hopes of his recovery, but Wednesday evening he began failing very rapidly until Friday morning at 12:15 when death relieved him of all earthly cares and suffering. Mr. Brown was conscious to the last and recognized his children, who remained with him to the last and were a great comfort to him in his last days, until he peacefully passed away.
The funeral services were held Sunday from the residence, the Rev. Holmgrain officiating. The funeral cortege was one of the largest seen in Chesterton in recent years, and was attended by a great many friends from abroad. The remains were laid to rest in the Chesterton cemetery. He was 71 years and 1 month of age. He leaves a family of 9 children and a large circle of friends to mourn his loss.
During his life Mr. Brown accumulated considerable wealth by his close attention to business and by careful investments. The estate is valued at about $30,000.
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; January 28, 1899; Volume 15, Number 42, Page 1, Column 4.
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CHESTERTON CHIPS
As we go to press this morning, we learn of the death of George Brown, which occuredat [sic] 12 o'clock last night. The funeral will be held Sunday afternoon at 2 o'clock. Obituary will appear in our next issue.
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; January 28, 1899; Volume 15, Number 42, Page 1, Column 4.
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CHESTERTON CHIPS
Frank Carter and wife, of Hobart, attended Geo. Brown's funeral Sunday.
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; January 28, 1899; Volume 15, Number 42, Page 1, Column 3.
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CHESTERTON CHIPS
Mr. and Mrs. Chas. Pearson, of Roseland, attended the funeral of the late George Brown Sunday.
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; January 28, 1899; Volume 15, Number 42, Page 1, Column 3.
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CHESTERTON CHIPS
Mr. M. J. O'Brien, of Kouts, Sunday attended the funeral of Geo. Brown. Mr. O'Brien is well known here among the older people. He says Chesterton was his "jumping-off" place when he came to this county 41 years ago.
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; January 28, 1899; Volume 15, Number 42, Page 1, Column 3.
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CHESTERTON CHIPS
Joseph and Miss Carrie Brown were named as joint administrators of the estate of the late George Brown. The will was probated last Thursday.
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; February 4, 1899; Volume 15, Number 43, Page 1, Column 2.
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Will of the Late George Brown.
The will of the late George Brown was probated last Thursday, and is divided as follows:
Joseph Brown -- two lots in town of Porter; one lot and building at Stoney Island. Had received 80 acres of land and $1000 heretofore which is not to be charged up against him.
John Frank Brown received the same allotment as Joseph.
Jerome Brown -- two farms in Denel county, South Dakota, and lot and building at Stoney Island. Also released from all notes and obligations to estate. Had heretofore received $500 cash and 80 acres of land.
George W. Brown -- 160 acres of land in Porter county; house and lot in Chesterton, and $300 in Cash.
James Brown -- 80 acres of land in Porter county; lot in Hyde Park; lot and building at Stoney Island and $1,000 in cash.
Mary Jane Brewer -- $100 in cash.
Elizabeth Highwood -- two lots and building in Chesterton and $100 in cash. Had advancement of $500 not to be charged against her.
Anna Johnson -- two store buildings in Chesterton and $500 in cash.
Carrie Brown -- the homestead, with everything on the premises.
The rest of the estate is divided as follows: One-half to the two daughters Carrie Brown and Elizabeth Highwood, viz: Two-thirds of the one-half to Carried Brown and one-third to Elizabeth. The other half to be divided equally among Joseph, Frank, Jerome, George and James Brown.
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; February 4, 1899; Volume 15, Number 43, Page 1, Column 3.
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ABOUT THE COUNTY
Valparaiso.
Joseph and Carrie Brown have been appointed administrators of the estate of the late George Brown, of Chesterton.
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; February 4, 1899; Volume 15, Number 43, Page 5, Column 2.
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CHESTERTON CHIPS
Judge Gillett has granted the petition of J. F. Brown to be released from the bond of Carrie Soper as administratrix of the estate of the late George Brown. A new bond was filed in the sum of $15,000 with Jerome and James Brown as surities.
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; March 25, 1899; Volume 15, Number 50, Page 1, Column 2.
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THE BROWN WILL CONTEST.
Court Asked to Set Aside the Will by Heirs who Allege Its Maker was Insane When He Made It.
On Tuesday of this week Crumpacker Brothers and ex-Judge William Johnston, attorneys for Mary Jane Brewer and Elizabeth C. Highwood filed suit against, Joseph, John F., Jerome, Geo. M. and James Brown, and Anna M. Johnson and Carrie M. Soper to set aside the will of the late George Brown, of Chesterton. All the parties are children of the deceased, and Joseph Brown and Carrie M. Soper were named in the will as administrators of the estate.
The plaintiffs, in their complaint, allege that the estate was worth $50,000, and that the decedent was of unsound mind for some time before his death and was mentally incapable of disposing of his property at the time he made his will. It is also alleged that the will was "unduly executed" and that, in in this and other ways, the plaintiffs were kept from receiving their just dues as joint heirs to the estate. George Brown died on January 5, of this year and the will which was made November 8, 1889, provided, it is claimed by the defense, for the partition of the estate among the defendents with the exception of two houses and lots, valued together at $2,000, and $450 in money, which was to go to Mrs. Highwood and $100 in money which was set aside from the residue for Mrs. Brewer. Contrary to the usual course followed in such cases, the plaintiffs have not alleged that the defendants used any undue influence with the deceased to have themselves made preferred heirs, but confine themselves to the charge that he was unsound mind and that the will, such as it was, was improperly executed. They allege that because of this, the "will is wholly void and of no effect" and "they ask that it be set aside."
A. D. Bartholomew and Agnew & Kelly are attorneys for the defense.
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; April 15, 1899; Volume 16, Number 1, Page 1, Column 3.
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Settled Out of Court.
The case of Mary Jane Brewer and Elizabeth C. Highwood against the heirs of the late George Brown, of Chesterton, will be withdrawn from court, as an amicable arrnagement has been made between the contending parties by which Mrs. Brewer will receive $2,300 and four vacant lots in Chesterton, while Mrs. Highwood is guaranteed $1,500 from the surplus after the estate has been divided.
This conclusion was arrived at without consulting attorneys in the case and is looked on as the best thing that could have happened to all of the heirs.
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; May 6, 1899; Volume 16, Number 4, Page 8, Column 5.
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CHESTERTON CHIPS
It seems that that [sic] the proposed compromise among the Brown heirs over the distribution of the estate, has fallen through. On Monday, of this week, the heirs were to meet to accept or reject the proposition of the contestants, Mrs. Jane Brewer and Mrs. Kate Highwood. The following day, Mr. Highwood, husband of the latter, went to Valparaiso to see what had been done, and returned at noon. He says the case filed by his wife and Mrs. Brewer will be fought to the finish now, unless the terms proposed are accepted. The Highwoods want their share of the reserve fund guaranteed to them, and fear they will be need[ed] for expenses. Mrs. Brewer was practically disinherited by the will, and she seeks to break it. She incurred the displeasure of her father by marrying against his will, and since her marriage until her father's death, she was disowned by him.
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; May 13, 1899; Volume 16, Number 5, Page 8, Column 1.
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CHESTERTON CHIPS
The case of Jane Brewer et al vs. Joseph Brown, et al, a contest over the will of the late George Brown, has been sent to Laporte circuit court for trial. About $50,000 worth of property is Jackson and Westchester townships is involved.
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; July 8, 1899; Volume 16, Number 13, Page 4, Column 3.
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CHESTERTON CHIPS
Mrs. Carrie Soper resigned Saturday as co-administratrix of the estate of George Brown, deceased.
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; September 16, 1899; Volume 16, Number 23, Page 8, Column 2.
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BROWN WILL CASE.
On Trial This Week in the Laporte Circuit Court.
A Strong Fight Made to Break the Instrument on the Ground of Insanity of the Signer.
Conflicting Opinions Given on that Point By Man Witnesses.
LAPORTE, Ind., Oct. 26. – A narrative of domestic life has been spun this week in the Circuit Court in the trial of the Brown will case, which promises to become a cause celebre. The spectacle is witnesses of two daughters, given a scant allowance of a father's bounty, appearing as contestants of a rich man's will, seeking through eminent talent an equitable division of a fortune estimated to be worth between $50,000 and $60,000. The case was called Monday and at this writing the taking of evidence is still in progress with indications that tomorrow will witness the oratorical efforts of the formidable array of legal talent engaged in the case. Judge Richter is presiding at this first trial of a will case and a jury of 12 men, chosen from the various walks of life, will pass judgment on the evidence submitted as to the mental condition of George Brown, deceased.
The evidence adduced has not been without its spice. The evidence of Mrs. Brewer laid bare a life of toil and sacrifice. Mrs. Brewer told the story of her home life with some display of feeling. It was a narrative which related the cruelty of a father, which told a labor in the fields, in which she performed the labor of a man, of her inability to attend school, her education consisted of what knowledge was acquired in the lower grades of a country school. She told of the scanty attire which she was allowed, of the cruel treatment to which her mother was submitted by her father, of which she was also a subject. Then was recited the story of her bethrothal [sic] to Brewer, of Brown's bitter objections to the match, of her leaving home and of her residence in Valparaiso, where her mother had once come because of ill treatment received from her husband. Mrs. Brewer told of the struggles of herself and husband to acquire a home in Valparaiso. The evidence of Mrs. Brewer made an impression on the jury whose attention was readily apparent.
The first witness of the plaintiffs was ex-Mayor Suman, of Valparaiso, who said that George Brown was addicted to the use of liquor to excess. He also testified to the manual work he had seen Mrs. Brewer perform while she lived at home, stating that he had seen her build fence, gather stone, and load manure. He also stated that he had assisted Mr. Brown into his buggy at times when he was suffering from excess in drink.
Henry Dorman gave evidence of similar impact. Wm. Malone said he did not consider Brown of sound mind. He acted stupid and talked incessantly, conditions which the witness believed evidenced mental disorder. Edward Osborn said Brown was a habitual drinker and a man of eccentricities. He did not consider him a man of sound mind. He said he had seen Mrs. Brewer labor in the fields.
S. S. Morris said he had known Mr. Brown since 1858. He was not a man of sound mind in the opinion of Mr. Morris, who also gave evidence of the work which Mrs. Brewer performed when living at home. Frank Quick's evidence was along the same line and indicated his conviction that Brown was not a man of sound mind. He also gave evidence as to the value of two lots given Mrs. Highwood. Mrs. Shea testified that Brown talked in a rambling manner. She related a visit to the Brown house two weeks previous to the latter's death and the statement made to her that she should not talk to him for it was feared he would be crazy again. She believed he was of unsound mind. E. M. Reynolds, N. Demass, H. Friday, C. E. Hillstrom and C. Haslett testified that they did not believe Brown was a man of sound mind and related incidents that bore out their convictions.
Michael Negoshinski, a Polish farmer with a limited language, said that Brown had wanted to marry his daughter when she was but fourteen years of age. Upon one occasion Brown came to his house and laid upon the floor all night and he and his daughter believed that he was crazy.
Evidence was also introduced to prove unsoundness of mind by the statement of witnesses that Brown had referred to Niles Highwood as his guardian and of incoherent remarks made by Brown in talking of the matter.
Mrs. Anna Johnson, a daughter, told of her father's cruel treatment of his family and told of the circumstance of his having driven her mother out into the night and of the latter walking to Valparaiso. She said Brown called Highwood his guardian and that at times he would refuse to speak to her when she passed him on the street. Her father was addicted to falling spells.
Mrs. Soper said she was married soon after her father's death and that he was bitterly opposed to the match. Her husband went out of the front door while her father came in at the back door. Mrs. Soper's testimony was similar to that given by Mrs. Johnson.
Mrs. Harrigan, Peter Schartz, Andrew Seymour and Henry Reglein gave evidence bearing out the plaintiff's theory as to Brown's dementia.
Dr. Horace Wardner was introduced by plaintiffs as an expert on insanity, and in answer to a question which embodied a statement as to Brown's habits, treatment of his family and alleged hallucinations, stated that Brown was suffering from mental disorders. The cross examination, which was technical, strengthened the physician's evidence.
Nels Highwood said Brown frequently charged him with being his guardian and he disavowed any thought of a guardianship. Mrs. Highwood gave evidence that was in reiteration of that given by other members of the family.
The evidence offered by the defense has been to prove the saneness of the deceased previous to his last illness and testimony in support of this position was given by Thomas Ward, H. W. Killmer, William Felker, Ben Little, Geo. Brown, and others.
G. R. Williams stated that he wrote George Brown's will at the latter's direction. He related a conversation with Brown in which the latter told of the disposition he would make of his property. Mr. Williams said the decedent was of sound mind at the time the will was made.
E. T. Funk was a witness to the will and he believed Brown to be of sound mind, and upon the occasion of visits he made to the Brown home he saw nothing that would indicate any form of insanity.
Evidence was also introduced showing Brown's opposition to his daughter's marriage to Brewer, and of statements he had made that he would not leave any money for Brewer to spend. Brewer's reputation for integrity was also assailed as bearing out the reason for Brown's opposition to a matrimonial alliance between the couple.
The evidence for the defense will probably be finished tonight. It is likely that expert testimony will be offered an opinions differ as to the verdict.
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; October 28, 1899; Volume 16, Number 29, Page 4, Columns 4-6.
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Chesterton Chips.
Fourteen witnesses were heard the first day of the Brown trial. There was a great diversity of opinion expressed regarding George Brown during the past 30 years. One witness swore that the deceased had been unfit to do business for the last 28 years.
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; October 28, 1899; Volume 16, Number 29, Page 5, Column 2.
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JUDGEMENT [sic] FOR PLAINTIFF.
The Brown Will is Set Aside by the Jury.
LAPORTE, Oct. 28. -- The jury in the Brown will case, which has been on trial all week in the circuit court returned a verdict in favor of the plaintiff to set aside the will. An administrator will be appointed and the estate more equitably distributed unless the case shall be appealed to a higher court or a new trial granted.
The case was instituted by Mary J. Brewer and Elizabeth C. Highwood against Joseph Brown, Carrie Soper and others. The estate in litigation was owned by the late George Brown, of Chesterton, who died on Jan. 5, 1899. He made his will and it was probated in the Porter circuit court. Joseph Brown and Carried Soper were named as administrators. The estate is valued at $50,000, and all of it, with the exception of $500 in cash, was willed to his son, Joseph Brown, and other children of the decedent, who constituted the defendants in the law suit, and the $500 was divided between the plaintiffs, Mrs. Brewer and Mrs. Highwood, daughters of the decedent, one of whom received $100 and the other and the other [sic] one $400.
The verdict was returned at 10 o'clock this morning and the jury retired at about 4 o'clock yesterday afternoon. It is understood that the defendents [sic] will ask for a new trial. Wm. Johnson and Congressman Crumpacker of Valparaiso, were the attorneys for the plaintiffs and William and A. D. Bartholomew, of Valparaiso, and F. E. Osborn for the defense.
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; November 4, 1899; Volume 16, Number 30, Page 1, Column 7.
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THE BROKEN WILL.
Verbatum [sic] Copy of the Now Famous Instrument.
Disposing the Property of the Late George Brown, and Over Which a Great Legal Battle was Fought.
Much curiosity has been expressed regarding the contents of the now famous George Brown will, which was declared null void by a Laporte county jury recently, on the ground that the maker was of unsound mind when he made it. At the request of a number of people the Tribune published below a verbatim copy of the document:
Be it known that I, George Brown, of Porter county, Indiana, do hereby make and declare this to be my last Will and Testament.
I wish all my just debts, if any, at the time of my decease, and funeral expenses, to be promptly paid.
Items 1st -- I give, devise and bequeath to my son, Joseph Brown, my two lots in fee simple located in the town of Porter, Indiana, and described as follows, to-wit: Lots 13 and 14, in block 3, in Simmons addition to the town of Porter, in the county of Porter and state of Indiana. Also my real estate in the city of Chicago described as follows, to-wit: Lot No. 19 in block 4, in Gideon E. Clark's sub-division of Stoney Island Heights, being a sub-division of part of the south-west quarter of section 1 township 37 north range 14 east of the 3d principal meridian, situated in the city of Chicago, county of Cook and state of Illinois. My said son Joseph has received from me advancements of 80 acres of land and $1,000 in cash, and said advancements are taken account of by me at this time and allowed to him.
Item 2nd -- I give, devise and bequeath to my son, John Frank Brown, my two lots in fee simple located in Porter, Indiana, described as follows, to-wit: Lots 32 and 33 in block 6 in Simmons addition to the town of Porter, in the county of Porter and state of Indiana. Also my lot in fee simple located in the city of Chicago, Illinois, described as follows, to-wit: Lot 25 in block 4 in Gideon E. Clark's sub-division of Stoney Island Heights, being a sub-division of part of the south-west quarter of section 1 township 37 north range 14 east of the third principal meridian, in the city of Chicago, county of Cook and state of Illinois. Said son Frank has received of me advancements of 80 acres of land and $1,000, which I take account of at the time of making this will and allow to him.
Item 3rd -- I give, devise and bequeath to my son, Jerome Brown, my real estate in fee simple described as follows, to-wit: The south west fractional quarter of section 11 township 117 north range 50 in Deuel county and state of South Dakota. Also the south-east fractional quarter and the south west quarter of the north-east quarter section 23 township 117 north range 50 in Deuel county and state of South Dakota. Also my lot in the city of Chicago, Illinois, described as follows, to-wit: Lot No. 11 in Gideon Clark's sub-division of block 9 in the Stoney Island Heights subdivision, being a subdivision made by the Calumet and Chicago Canal and Dock Company of part of the south-west quarter of section 1 township 37 north range 14 east of the third principal mrredian [sic], in Cook county, Illinois.
I also desire that said son, Jerome, be released from the payment of all the notes and obligations held by me against him at the time of my decease, and that said obligations and notes shall be cancelled and marked paid. Said son, Jerome, has received advancements of $500 and 80 acres of land, which are taken account of by me in fixing the amount hereby given to him. The description of said advancement of land is as follows, to-wit: The south-west quarter of the south-west quarter of section 15, township 36 north range 5 west, and the south east quarter of the south-east quarter of section 16 township 36 north range 5 west, all in Porter county and state of Indiana, and if it shall be found that I have not made a deed of said land to said son Jerome at the time of my deceased, I hereby give and devise to him in fee simple said 80 acres of land.
Item 4th -- I give, devise and bequeath to my son, George M. Brown, my 160 acres of land in Porter county, Indiana, described as follows, to-wit: The south-west quarter of section 8 township 36 north range 5 west in the county of Porter and state of Indiana.
Said son, George, has received advancements of a house and lot in Chesterton, Indiana, and $300, which are taken account of by me at the time of making this will and allowed to him.
Item 5th -- I give, devise and bequeath in fee simple to my son, James Brown, my 80 acres of land described as follows, to-wit: The north half of the south-east quarter of section 16 township 36 north range 5 west, in Porter county and state of Indiana.
Also my lot in the town of Hyde Park, Illinois, described as follows, to-wit: Lot 37 in block 6 in the town of Hyde Park in the county of Cook and state of Illinois. Also my real estate in the city of Chicago, Illinois, described as follows, to-wit: Lot 12 in Gideon Clark's subdivision of block 9 in Stoney Island Heights subdivision, being a subdivision made by the Calumet and Chicago Canal and Dock Company of part of the south west quarter of section 1 township 37 north range 14 east of the third principal meridian, situated in the city of Chicago, county of Cook and state of Illinois.
Also $1,000 in cash.
Item 6th -- I give and bequeath to my daughter, Mary Jane, (wife of John Brewer) $100 in cash.
Item 7th -- I give, devise and bequeath in fee simple to my daughter, Elizabeth Chloe, (wife of Niles Highwood) the following real estate, to wit: Lots 6 and 7 in block 5 in the town of Chesterton, county of Porter and state of Indiana. Also $100 in cash. Said daughter, Elizabeth Chloe, has received advancements to the amount of $600, which are taken account of in making this will and allowed her.
Item 8th -- I give, devise and bequeath to my daughter, Anna, (wife of Gust Johnson) my store building in Chesterton, Indiana, described as follows, to-wit: Lot 8 in block 3, except 6 inches on the north side thereof, in the town of Chesterton, county of Porter and state of Indiana.
Said daughter Anna having received an advancement of $500, said sum is taken account of at the time of making this will and allowed to her.
Item 9th -- I give, devise and bequeath to my daughter, Carrie Brown, the homestead, consisting of 10 acres of land in fee simple, located in and being a part of the south-west quarter of section 36 towdship [sic] 37 range 6 west in the county of Porter and state of Indiana. Said homestead be taken just as it shall stand at the time of my decease, including all the furniture of every kind and description in and belonging to the house thereon, also all the horses and other stock upon said homestead, also the wagon, buggy, harness and all other property of every kind and description belonging to said premises, herein called my homestead.
Item 10th -- All the rest, remainder and residue of my estate, real, personal or mixed, of which I shall die seized and possessed, or to which I shall be entitled at the time of my decease not hereinbefore provided for, I give devise and bequeath to be divided as follows, to-wit:
One half of said residue to be given to my two daughters, Carrie and Elizabeth Chloe, above named; Carrie to receive two thirds and said one half and Elizabeth Chloe the other third of said half. The other half of said residue to be divided equally among my five sons, Joseph, Frank, Jerome, George and James above named.
Lastly I do hereby nominate and appoint ------------- to be executor of this will.
In testimony whereof I have hereunto set my hand and seal this 28th day of November, 1898.
GEORGE BROWN, [Seal]
Signed, sealed, published and declared by George Brown, as and for his last will and testament, in the presence of us, the undersigned, who at his request and in his presence, and in the presence of each other, have subscribed our names as witnesses hereto.
Witness our hands and seals this 28th day of November, 1898.
E. T. FUNK, [Seal].
H. GREEN, [Seal].
G. R. WILLIAMS, [Seal].
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; November 11, 1899; Volume 16, Number 31, Page 1, Columns 4-5.
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Valparaiso.
The Brown heirs are trying to settle the differences out of court, and several propositions have been made.
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; November 11, 1899; Volume 16, Number 31, Page 4, Column 2.
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NEW TRIAL IS ASKED FOR.
Cost of the Trial of the Brown Will Contest Case Was $258.60.
The Laporte Herald says: The defense in the Brown will contest has filed a motion for a new trial. It will be remembered that the plaintiffs won, thereby breaking the will of the testator, who left an estate of $50,000.
County Clerk McClung has just completed Laporte county's bill against Porter county for this trial. It amounts to $258.60, which sum comes out of the Brown estate.
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; November 25, 1899; Volume 16, Number 33, Page 1, Column 6.
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Chesterton Chips.
The appraisers appointed by the court to take an inventory of the George Brown estate, and fix its value, began work Wednesday morning. Mr. and Mrs. Soper, to whom the will gave the homestead, are moving from the house into a cottage owned by P. A. Johnson. It is now reported that a settlement among the heirs has been agreed upon.
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; November 25, 1899; Volume 16, Number 33, Page 5, Column 5.
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Valparaiso.
The Brown will case has been settled by the heirs signing an agreement, and the case will not be appealed to the supreme court.
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; December 23, 1899; Volume 16, Number 37, Page 5, Column 6.
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Chesterton Chips.
The division of the Brown estate is now in the hands of three commissioners, and their division is to be final, all of the heirs having agreed to this. A few days ago the household goods in the homestead were sold to the heirs at public auction, and it is understood that the house will be sold at private sale and the proceeds divided among the heirs.
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; January 13, 1900; Volume 16, Number 40, Page 5, Column 3.
Source: Goodspeed, Weston A., and Charles Blanchard. 1882. Counties of Porter and Lake, Indiana: Historical and Biographical, Illustrated. Chicago, Illinois: F. A. Battey & Company. 771 p. [see p. 357]
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DEATHS
GEORGE BROWN.
Death has again taken another of our old and well known settlers from among us.
George Brown was born in the County of Cumberland, England, Dec. 2, 1827. He came to America, accompanied by his sister, Jane Thompson, in 1852, and for a short time remained in the state of New York, coming to Laporte county and shortly after moved to Jackson township, Porter county, where he became one of the largest land owners in the county, possessing at one time nearly 900 acres of land.
On July 17, 1855, he was married to Charety A. Carter. Ten children were the fruits of this union: Mary J., Joseph, J. Frank, Jerome, George M., James, Elizabeth C., Charles W., Anna M. and Carrie, all of whom survive him except Charles W., who died at the ago of 19 years.
In 1885 Mr. Brown erected his handsome residence near Chesterton, which is one of the finest homes in this part of the state, where he has since lived with his family. On April 21, 1895, the grim reaper entered his home and took from him his life companion.
Early last fall Mr. Brown's health began to fail and he was confined to his house part of the time, but about the first of January he was compelled to remain in bed and since that time he has failed rapidly. The early part of last week he gained in strength and his friends had hopes of his recovery, but Wednesday evening he began failing very rapidly until Friday morning at 12:15 when death relieved him of all earthly cares and suffering. Mr. Brown was conscious to the last and recognized his children, who remained with him to the last and were a great comfort to him in his last days, until he peacefully passed away.
The funeral services were held Sunday from the residence, the Rev. Holmgrain officiating. The funeral cortege was one of the largest seen in Chesterton in recent years, and was attended by a great many friends from abroad. The remains were laid to rest in the Chesterton cemetery. He was 71 years and 1 month of age. He leaves a family of 9 children and a large circle of friends to mourn his loss.
During his life Mr. Brown accumulated considerable wealth by his close attention to business and by careful investments. The estate is valued at about $30,000.
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; January 28, 1899; Volume 15, Number 42, Page 1, Column 4.
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CHESTERTON CHIPS
As we go to press this morning, we learn of the death of George Brown, which occuredat [sic] 12 o'clock last night. The funeral will be held Sunday afternoon at 2 o'clock. Obituary will appear in our next issue.
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; January 28, 1899; Volume 15, Number 42, Page 1, Column 4.
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CHESTERTON CHIPS
Frank Carter and wife, of Hobart, attended Geo. Brown's funeral Sunday.
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; January 28, 1899; Volume 15, Number 42, Page 1, Column 3.
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CHESTERTON CHIPS
Mr. and Mrs. Chas. Pearson, of Roseland, attended the funeral of the late George Brown Sunday.
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; January 28, 1899; Volume 15, Number 42, Page 1, Column 3.
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CHESTERTON CHIPS
Mr. M. J. O'Brien, of Kouts, Sunday attended the funeral of Geo. Brown. Mr. O'Brien is well known here among the older people. He says Chesterton was his "jumping-off" place when he came to this county 41 years ago.
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; January 28, 1899; Volume 15, Number 42, Page 1, Column 3.
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CHESTERTON CHIPS
Joseph and Miss Carrie Brown were named as joint administrators of the estate of the late George Brown. The will was probated last Thursday.
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; February 4, 1899; Volume 15, Number 43, Page 1, Column 2.
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Will of the Late George Brown.
The will of the late George Brown was probated last Thursday, and is divided as follows:
Joseph Brown -- two lots in town of Porter; one lot and building at Stoney Island. Had received 80 acres of land and $1000 heretofore which is not to be charged up against him.
John Frank Brown received the same allotment as Joseph.
Jerome Brown -- two farms in Denel county, South Dakota, and lot and building at Stoney Island. Also released from all notes and obligations to estate. Had heretofore received $500 cash and 80 acres of land.
George W. Brown -- 160 acres of land in Porter county; house and lot in Chesterton, and $300 in Cash.
James Brown -- 80 acres of land in Porter county; lot in Hyde Park; lot and building at Stoney Island and $1,000 in cash.
Mary Jane Brewer -- $100 in cash.
Elizabeth Highwood -- two lots and building in Chesterton and $100 in cash. Had advancement of $500 not to be charged against her.
Anna Johnson -- two store buildings in Chesterton and $500 in cash.
Carrie Brown -- the homestead, with everything on the premises.
The rest of the estate is divided as follows: One-half to the two daughters Carrie Brown and Elizabeth Highwood, viz: Two-thirds of the one-half to Carried Brown and one-third to Elizabeth. The other half to be divided equally among Joseph, Frank, Jerome, George and James Brown.
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; February 4, 1899; Volume 15, Number 43, Page 1, Column 3.
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ABOUT THE COUNTY
Valparaiso.
Joseph and Carrie Brown have been appointed administrators of the estate of the late George Brown, of Chesterton.
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; February 4, 1899; Volume 15, Number 43, Page 5, Column 2.
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CHESTERTON CHIPS
Judge Gillett has granted the petition of J. F. Brown to be released from the bond of Carrie Soper as administratrix of the estate of the late George Brown. A new bond was filed in the sum of $15,000 with Jerome and James Brown as surities.
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; March 25, 1899; Volume 15, Number 50, Page 1, Column 2.
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THE BROWN WILL CONTEST.
Court Asked to Set Aside the Will by Heirs who Allege Its Maker was Insane When He Made It.
On Tuesday of this week Crumpacker Brothers and ex-Judge William Johnston, attorneys for Mary Jane Brewer and Elizabeth C. Highwood filed suit against, Joseph, John F., Jerome, Geo. M. and James Brown, and Anna M. Johnson and Carrie M. Soper to set aside the will of the late George Brown, of Chesterton. All the parties are children of the deceased, and Joseph Brown and Carrie M. Soper were named in the will as administrators of the estate.
The plaintiffs, in their complaint, allege that the estate was worth $50,000, and that the decedent was of unsound mind for some time before his death and was mentally incapable of disposing of his property at the time he made his will. It is also alleged that the will was "unduly executed" and that, in in this and other ways, the plaintiffs were kept from receiving their just dues as joint heirs to the estate. George Brown died on January 5, of this year and the will which was made November 8, 1889, provided, it is claimed by the defense, for the partition of the estate among the defendents with the exception of two houses and lots, valued together at $2,000, and $450 in money, which was to go to Mrs. Highwood and $100 in money which was set aside from the residue for Mrs. Brewer. Contrary to the usual course followed in such cases, the plaintiffs have not alleged that the defendants used any undue influence with the deceased to have themselves made preferred heirs, but confine themselves to the charge that he was unsound mind and that the will, such as it was, was improperly executed. They allege that because of this, the "will is wholly void and of no effect" and "they ask that it be set aside."
A. D. Bartholomew and Agnew & Kelly are attorneys for the defense.
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; April 15, 1899; Volume 16, Number 1, Page 1, Column 3.
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Settled Out of Court.
The case of Mary Jane Brewer and Elizabeth C. Highwood against the heirs of the late George Brown, of Chesterton, will be withdrawn from court, as an amicable arrnagement has been made between the contending parties by which Mrs. Brewer will receive $2,300 and four vacant lots in Chesterton, while Mrs. Highwood is guaranteed $1,500 from the surplus after the estate has been divided.
This conclusion was arrived at without consulting attorneys in the case and is looked on as the best thing that could have happened to all of the heirs.
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; May 6, 1899; Volume 16, Number 4, Page 8, Column 5.
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CHESTERTON CHIPS
It seems that that [sic] the proposed compromise among the Brown heirs over the distribution of the estate, has fallen through. On Monday, of this week, the heirs were to meet to accept or reject the proposition of the contestants, Mrs. Jane Brewer and Mrs. Kate Highwood. The following day, Mr. Highwood, husband of the latter, went to Valparaiso to see what had been done, and returned at noon. He says the case filed by his wife and Mrs. Brewer will be fought to the finish now, unless the terms proposed are accepted. The Highwoods want their share of the reserve fund guaranteed to them, and fear they will be need[ed] for expenses. Mrs. Brewer was practically disinherited by the will, and she seeks to break it. She incurred the displeasure of her father by marrying against his will, and since her marriage until her father's death, she was disowned by him.
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; May 13, 1899; Volume 16, Number 5, Page 8, Column 1.
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CHESTERTON CHIPS
The case of Jane Brewer et al vs. Joseph Brown, et al, a contest over the will of the late George Brown, has been sent to Laporte circuit court for trial. About $50,000 worth of property is Jackson and Westchester townships is involved.
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; July 8, 1899; Volume 16, Number 13, Page 4, Column 3.
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CHESTERTON CHIPS
Mrs. Carrie Soper resigned Saturday as co-administratrix of the estate of George Brown, deceased.
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; September 16, 1899; Volume 16, Number 23, Page 8, Column 2.
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BROWN WILL CASE.
On Trial This Week in the Laporte Circuit Court.
A Strong Fight Made to Break the Instrument on the Ground of Insanity of the Signer.
Conflicting Opinions Given on that Point By Man Witnesses.
LAPORTE, Ind., Oct. 26. – A narrative of domestic life has been spun this week in the Circuit Court in the trial of the Brown will case, which promises to become a cause celebre. The spectacle is witnesses of two daughters, given a scant allowance of a father's bounty, appearing as contestants of a rich man's will, seeking through eminent talent an equitable division of a fortune estimated to be worth between $50,000 and $60,000. The case was called Monday and at this writing the taking of evidence is still in progress with indications that tomorrow will witness the oratorical efforts of the formidable array of legal talent engaged in the case. Judge Richter is presiding at this first trial of a will case and a jury of 12 men, chosen from the various walks of life, will pass judgment on the evidence submitted as to the mental condition of George Brown, deceased.
The evidence adduced has not been without its spice. The evidence of Mrs. Brewer laid bare a life of toil and sacrifice. Mrs. Brewer told the story of her home life with some display of feeling. It was a narrative which related the cruelty of a father, which told a labor in the fields, in which she performed the labor of a man, of her inability to attend school, her education consisted of what knowledge was acquired in the lower grades of a country school. She told of the scanty attire which she was allowed, of the cruel treatment to which her mother was submitted by her father, of which she was also a subject. Then was recited the story of her bethrothal [sic] to Brewer, of Brown's bitter objections to the match, of her leaving home and of her residence in Valparaiso, where her mother had once come because of ill treatment received from her husband. Mrs. Brewer told of the struggles of herself and husband to acquire a home in Valparaiso. The evidence of Mrs. Brewer made an impression on the jury whose attention was readily apparent.
The first witness of the plaintiffs was ex-Mayor Suman, of Valparaiso, who said that George Brown was addicted to the use of liquor to excess. He also testified to the manual work he had seen Mrs. Brewer perform while she lived at home, stating that he had seen her build fence, gather stone, and load manure. He also stated that he had assisted Mr. Brown into his buggy at times when he was suffering from excess in drink.
Henry Dorman gave evidence of similar impact. Wm. Malone said he did not consider Brown of sound mind. He acted stupid and talked incessantly, conditions which the witness believed evidenced mental disorder. Edward Osborn said Brown was a habitual drinker and a man of eccentricities. He did not consider him a man of sound mind. He said he had seen Mrs. Brewer labor in the fields.
S. S. Morris said he had known Mr. Brown since 1858. He was not a man of sound mind in the opinion of Mr. Morris, who also gave evidence of the work which Mrs. Brewer performed when living at home. Frank Quick's evidence was along the same line and indicated his conviction that Brown was not a man of sound mind. He also gave evidence as to the value of two lots given Mrs. Highwood. Mrs. Shea testified that Brown talked in a rambling manner. She related a visit to the Brown house two weeks previous to the latter's death and the statement made to her that she should not talk to him for it was feared he would be crazy again. She believed he was of unsound mind. E. M. Reynolds, N. Demass, H. Friday, C. E. Hillstrom and C. Haslett testified that they did not believe Brown was a man of sound mind and related incidents that bore out their convictions.
Michael Negoshinski, a Polish farmer with a limited language, said that Brown had wanted to marry his daughter when she was but fourteen years of age. Upon one occasion Brown came to his house and laid upon the floor all night and he and his daughter believed that he was crazy.
Evidence was also introduced to prove unsoundness of mind by the statement of witnesses that Brown had referred to Niles Highwood as his guardian and of incoherent remarks made by Brown in talking of the matter.
Mrs. Anna Johnson, a daughter, told of her father's cruel treatment of his family and told of the circumstance of his having driven her mother out into the night and of the latter walking to Valparaiso. She said Brown called Highwood his guardian and that at times he would refuse to speak to her when she passed him on the street. Her father was addicted to falling spells.
Mrs. Soper said she was married soon after her father's death and that he was bitterly opposed to the match. Her husband went out of the front door while her father came in at the back door. Mrs. Soper's testimony was similar to that given by Mrs. Johnson.
Mrs. Harrigan, Peter Schartz, Andrew Seymour and Henry Reglein gave evidence bearing out the plaintiff's theory as to Brown's dementia.
Dr. Horace Wardner was introduced by plaintiffs as an expert on insanity, and in answer to a question which embodied a statement as to Brown's habits, treatment of his family and alleged hallucinations, stated that Brown was suffering from mental disorders. The cross examination, which was technical, strengthened the physician's evidence.
Nels Highwood said Brown frequently charged him with being his guardian and he disavowed any thought of a guardianship. Mrs. Highwood gave evidence that was in reiteration of that given by other members of the family.
The evidence offered by the defense has been to prove the saneness of the deceased previous to his last illness and testimony in support of this position was given by Thomas Ward, H. W. Killmer, William Felker, Ben Little, Geo. Brown, and others.
G. R. Williams stated that he wrote George Brown's will at the latter's direction. He related a conversation with Brown in which the latter told of the disposition he would make of his property. Mr. Williams said the decedent was of sound mind at the time the will was made.
E. T. Funk was a witness to the will and he believed Brown to be of sound mind, and upon the occasion of visits he made to the Brown home he saw nothing that would indicate any form of insanity.
Evidence was also introduced showing Brown's opposition to his daughter's marriage to Brewer, and of statements he had made that he would not leave any money for Brewer to spend. Brewer's reputation for integrity was also assailed as bearing out the reason for Brown's opposition to a matrimonial alliance between the couple.
The evidence for the defense will probably be finished tonight. It is likely that expert testimony will be offered an opinions differ as to the verdict.
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; October 28, 1899; Volume 16, Number 29, Page 4, Columns 4-6.
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Chesterton Chips.
Fourteen witnesses were heard the first day of the Brown trial. There was a great diversity of opinion expressed regarding George Brown during the past 30 years. One witness swore that the deceased had been unfit to do business for the last 28 years.
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; October 28, 1899; Volume 16, Number 29, Page 5, Column 2.
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JUDGEMENT [sic] FOR PLAINTIFF.
The Brown Will is Set Aside by the Jury.
LAPORTE, Oct. 28. -- The jury in the Brown will case, which has been on trial all week in the circuit court returned a verdict in favor of the plaintiff to set aside the will. An administrator will be appointed and the estate more equitably distributed unless the case shall be appealed to a higher court or a new trial granted.
The case was instituted by Mary J. Brewer and Elizabeth C. Highwood against Joseph Brown, Carrie Soper and others. The estate in litigation was owned by the late George Brown, of Chesterton, who died on Jan. 5, 1899. He made his will and it was probated in the Porter circuit court. Joseph Brown and Carried Soper were named as administrators. The estate is valued at $50,000, and all of it, with the exception of $500 in cash, was willed to his son, Joseph Brown, and other children of the decedent, who constituted the defendants in the law suit, and the $500 was divided between the plaintiffs, Mrs. Brewer and Mrs. Highwood, daughters of the decedent, one of whom received $100 and the other and the other [sic] one $400.
The verdict was returned at 10 o'clock this morning and the jury retired at about 4 o'clock yesterday afternoon. It is understood that the defendents [sic] will ask for a new trial. Wm. Johnson and Congressman Crumpacker of Valparaiso, were the attorneys for the plaintiffs and William and A. D. Bartholomew, of Valparaiso, and F. E. Osborn for the defense.
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; November 4, 1899; Volume 16, Number 30, Page 1, Column 7.
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THE BROKEN WILL.
Verbatum [sic] Copy of the Now Famous Instrument.
Disposing the Property of the Late George Brown, and Over Which a Great Legal Battle was Fought.
Much curiosity has been expressed regarding the contents of the now famous George Brown will, which was declared null void by a Laporte county jury recently, on the ground that the maker was of unsound mind when he made it. At the request of a number of people the Tribune published below a verbatim copy of the document:
Be it known that I, George Brown, of Porter county, Indiana, do hereby make and declare this to be my last Will and Testament.
I wish all my just debts, if any, at the time of my decease, and funeral expenses, to be promptly paid.
Items 1st -- I give, devise and bequeath to my son, Joseph Brown, my two lots in fee simple located in the town of Porter, Indiana, and described as follows, to-wit: Lots 13 and 14, in block 3, in Simmons addition to the town of Porter, in the county of Porter and state of Indiana. Also my real estate in the city of Chicago described as follows, to-wit: Lot No. 19 in block 4, in Gideon E. Clark's sub-division of Stoney Island Heights, being a sub-division of part of the south-west quarter of section 1 township 37 north range 14 east of the 3d principal meridian, situated in the city of Chicago, county of Cook and state of Illinois. My said son Joseph has received from me advancements of 80 acres of land and $1,000 in cash, and said advancements are taken account of by me at this time and allowed to him.
Item 2nd -- I give, devise and bequeath to my son, John Frank Brown, my two lots in fee simple located in Porter, Indiana, described as follows, to-wit: Lots 32 and 33 in block 6 in Simmons addition to the town of Porter, in the county of Porter and state of Indiana. Also my lot in fee simple located in the city of Chicago, Illinois, described as follows, to-wit: Lot 25 in block 4 in Gideon E. Clark's sub-division of Stoney Island Heights, being a sub-division of part of the south-west quarter of section 1 township 37 north range 14 east of the third principal meridian, in the city of Chicago, county of Cook and state of Illinois. Said son Frank has received of me advancements of 80 acres of land and $1,000, which I take account of at the time of making this will and allow to him.
Item 3rd -- I give, devise and bequeath to my son, Jerome Brown, my real estate in fee simple described as follows, to-wit: The south west fractional quarter of section 11 township 117 north range 50 in Deuel county and state of South Dakota. Also the south-east fractional quarter and the south west quarter of the north-east quarter section 23 township 117 north range 50 in Deuel county and state of South Dakota. Also my lot in the city of Chicago, Illinois, described as follows, to-wit: Lot No. 11 in Gideon Clark's sub-division of block 9 in the Stoney Island Heights subdivision, being a subdivision made by the Calumet and Chicago Canal and Dock Company of part of the south-west quarter of section 1 township 37 north range 14 east of the third principal mrredian [sic], in Cook county, Illinois.
I also desire that said son, Jerome, be released from the payment of all the notes and obligations held by me against him at the time of my decease, and that said obligations and notes shall be cancelled and marked paid. Said son, Jerome, has received advancements of $500 and 80 acres of land, which are taken account of by me in fixing the amount hereby given to him. The description of said advancement of land is as follows, to-wit: The south-west quarter of the south-west quarter of section 15, township 36 north range 5 west, and the south east quarter of the south-east quarter of section 16 township 36 north range 5 west, all in Porter county and state of Indiana, and if it shall be found that I have not made a deed of said land to said son Jerome at the time of my deceased, I hereby give and devise to him in fee simple said 80 acres of land.
Item 4th -- I give, devise and bequeath to my son, George M. Brown, my 160 acres of land in Porter county, Indiana, described as follows, to-wit: The south-west quarter of section 8 township 36 north range 5 west in the county of Porter and state of Indiana.
Said son, George, has received advancements of a house and lot in Chesterton, Indiana, and $300, which are taken account of by me at the time of making this will and allowed to him.
Item 5th -- I give, devise and bequeath in fee simple to my son, James Brown, my 80 acres of land described as follows, to-wit: The north half of the south-east quarter of section 16 township 36 north range 5 west, in Porter county and state of Indiana.
Also my lot in the town of Hyde Park, Illinois, described as follows, to-wit: Lot 37 in block 6 in the town of Hyde Park in the county of Cook and state of Illinois. Also my real estate in the city of Chicago, Illinois, described as follows, to-wit: Lot 12 in Gideon Clark's subdivision of block 9 in Stoney Island Heights subdivision, being a subdivision made by the Calumet and Chicago Canal and Dock Company of part of the south west quarter of section 1 township 37 north range 14 east of the third principal meridian, situated in the city of Chicago, county of Cook and state of Illinois.
Also $1,000 in cash.
Item 6th -- I give and bequeath to my daughter, Mary Jane, (wife of John Brewer) $100 in cash.
Item 7th -- I give, devise and bequeath in fee simple to my daughter, Elizabeth Chloe, (wife of Niles Highwood) the following real estate, to wit: Lots 6 and 7 in block 5 in the town of Chesterton, county of Porter and state of Indiana. Also $100 in cash. Said daughter, Elizabeth Chloe, has received advancements to the amount of $600, which are taken account of in making this will and allowed her.
Item 8th -- I give, devise and bequeath to my daughter, Anna, (wife of Gust Johnson) my store building in Chesterton, Indiana, described as follows, to-wit: Lot 8 in block 3, except 6 inches on the north side thereof, in the town of Chesterton, county of Porter and state of Indiana.
Said daughter Anna having received an advancement of $500, said sum is taken account of at the time of making this will and allowed to her.
Item 9th -- I give, devise and bequeath to my daughter, Carrie Brown, the homestead, consisting of 10 acres of land in fee simple, located in and being a part of the south-west quarter of section 36 towdship [sic] 37 range 6 west in the county of Porter and state of Indiana. Said homestead be taken just as it shall stand at the time of my decease, including all the furniture of every kind and description in and belonging to the house thereon, also all the horses and other stock upon said homestead, also the wagon, buggy, harness and all other property of every kind and description belonging to said premises, herein called my homestead.
Item 10th -- All the rest, remainder and residue of my estate, real, personal or mixed, of which I shall die seized and possessed, or to which I shall be entitled at the time of my decease not hereinbefore provided for, I give devise and bequeath to be divided as follows, to-wit:
One half of said residue to be given to my two daughters, Carrie and Elizabeth Chloe, above named; Carrie to receive two thirds and said one half and Elizabeth Chloe the other third of said half. The other half of said residue to be divided equally among my five sons, Joseph, Frank, Jerome, George and James above named.
Lastly I do hereby nominate and appoint ------------- to be executor of this will.
In testimony whereof I have hereunto set my hand and seal this 28th day of November, 1898.
GEORGE BROWN, [Seal]
Signed, sealed, published and declared by George Brown, as and for his last will and testament, in the presence of us, the undersigned, who at his request and in his presence, and in the presence of each other, have subscribed our names as witnesses hereto.
Witness our hands and seals this 28th day of November, 1898.
E. T. FUNK, [Seal].
H. GREEN, [Seal].
G. R. WILLIAMS, [Seal].
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; November 11, 1899; Volume 16, Number 31, Page 1, Columns 4-5.
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Valparaiso.
The Brown heirs are trying to settle the differences out of court, and several propositions have been made.
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; November 11, 1899; Volume 16, Number 31, Page 4, Column 2.
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NEW TRIAL IS ASKED FOR.
Cost of the Trial of the Brown Will Contest Case Was $258.60.
The Laporte Herald says: The defense in the Brown will contest has filed a motion for a new trial. It will be remembered that the plaintiffs won, thereby breaking the will of the testator, who left an estate of $50,000.
County Clerk McClung has just completed Laporte county's bill against Porter county for this trial. It amounts to $258.60, which sum comes out of the Brown estate.
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; November 25, 1899; Volume 16, Number 33, Page 1, Column 6.
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Chesterton Chips.
The appraisers appointed by the court to take an inventory of the George Brown estate, and fix its value, began work Wednesday morning. Mr. and Mrs. Soper, to whom the will gave the homestead, are moving from the house into a cottage owned by P. A. Johnson. It is now reported that a settlement among the heirs has been agreed upon.
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; November 25, 1899; Volume 16, Number 33, Page 5, Column 5.
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Valparaiso.
The Brown will case has been settled by the heirs signing an agreement, and the case will not be appealed to the supreme court.
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; December 23, 1899; Volume 16, Number 37, Page 5, Column 6.
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Chesterton Chips.
The division of the Brown estate is now in the hands of three commissioners, and their division is to be final, all of the heirs having agreed to this. A few days ago the household goods in the homestead were sold to the heirs at public auction, and it is understood that the house will be sold at private sale and the proceeds divided among the heirs.
Source: The Chesterton Tribune, Chesterton, Porter County, Indiana; January 13, 1900; Volume 16, Number 40, Page 5, Column 3.
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