Brown Services Today

Junction City Union  May 16, 1947

Funeral services for John D. “Jack” Brown, 82, retired stone mason, whose home was at 609 West Second, were to be held at 4 o’clock this afternoon from the Johnson Funeral Home with the Rev. Donovan J. Hinkson in charge. Burial will be in Highland cemetery.

Pallbearers for the service will be six nephews of Mr. Brown: Elmer, George, Raymond, Marvin, James, and Leo York, all of Junction City.

Death of “Jack” Brown

Junction City Union Dated May 15, 1947.

Jack D. (Jock) Brown, 82, retired stone mason and resident of Junction City for almost 77 years, passed away this morning at the City hospital after an illness of about one week.

 Mr. Brown’s home was at 609 West Second, where he lived with his half sister, Miss Nellie York.

Mr. Brown had never married.

During his long life here he had helped build most of the older stone buildings in Junction City and had worked on many of those erected in Fort Riley.

He was born September 30, 1864, in West Kent, England, and came to this country with his parents in 1870, coming directly to Junction City, where he had since made his home. [JYB: He came only with his mother, Naomi, as his father was deceased]

Mr. Brown is survived by the following half brothers and sisters: Clarence, Frank, George, and Ed York, and Miss Nellie York, all of Junction City. Will York of Junction City, and Harry York of Colorado, are foster brothers.

Funeral services will be held at 4 o’clock Friday afternoon from the Johnson Funeral home with the Rev. Donovan J. Hinkson in charge. Burial will be in Highland cemetery. Six nephews will act as pallbearers.

 Friends may call at the Johnson Funeral home this evening.

 Unique Law Question in Estate of Late John A. (Jack) Brown

The Junction City Union   Saturday noon, October 16, 1948.

Whether the state of Kansas or five Junction City people will receive a $6, 000 portion of the estate of the late John A. (Jack) Brown, a Junction City stone mason for many years, hinges on the outcome of an unusual legal question now pending in the court of Geary County Probate Judge Jess W. Filby.

The case is so unique that it has attracted widespread attention among the state’s legal profession.

When Mr. Brown died a year ago, at the age of 82, he left an estate worth approximately $12, 000.

Under the Kansas Laws, there was no question about disposition of half of the estate. It went to a half sister and four half brothers living in Junction City: Miss Nellie York, Clarence York, Frank York, George York, and Ed York.

But an unusual chain of’ circumstances complicated the determination of the heirs, if any, to the remainder of the state.

The case goes back to the arrival of one Thomas York in Junction City from England in about 1870. With him were his wife and two children. [JYB: seven children] Not long after their arrival Mrs. York died.

Also in the early 1870s, Mrs. Brown, a widow, arrived in Junction City from England. She was the mother of Jack Brown, whose estate is currently at stake. He was with her, as well as a daughter.

Some time later, Mr. York and Mrs. Brown were married and five children were born to that union. These are the five Yorks: a half sister and four half brothers of Jack Brown, who have shared in half of his estate.

Disposition of the other $6,000 could have been easily handled if Jack Brown had left a will, but he didn’t so it became a matter for the probate court to determine the heirs. The Kansas law would seem to be clear on that point, and its provisions have been carried out on many occasions. It provides that when a person dies without leaving a will and has no direct heirs descended from him, his estate reverts to the name of his parents as though they had outlived him, and then died simultaneously. Their heirs then receive the estate.

Thus half of the Brown estate went to the name of his mother, Mrs. Thomas York, and the other half to his father, Mr. Brown, Mrs. York’s first husband, since Mr. York had never adopted Jack Brown following his marriage to Jack Brown’s mother.

 The portion of the Jack Brown estate which was placed in the name of his mother was distributed without question to the five Yorks: her children and legal heirs.

The other portion has been held in the name of Jack Brown’s father while attempts have been made to locate his heirs.

In this investigation, these facts have been brought out:

The father, as well as an uncle of Jack Brown - whose heirs could be the heirs of the father- were killed in South Africa in the 1860’s prior to the time the Brown family moved to America.

 The sister of Jack Brown was accidentally drowned when she was about 17 years old.

 As far as has been learned, there were no other members of the father’s family, other than the uncle, and apparently no other members of the uncle’s family.

U. S. Weary, the attorney for E. W. Rolfs, the administrator of the estate, has made a diligent inquiry in that regard. He first contacted the British ambassador, and was referred to the British consul in Kansas City, as to whether there might be heirs to the father or uncle still living in England.

Advertisements were published in English newspapers, but there has been no response.

Thus, it would appear that there are no heirs for the portion of the estate held for the heirs of Jack Brown’s father.

As a result, application has been made in behalf of the five Yorks, by their attorneys, A. S. Humphrey and I. M. Platt, to have them declared the heirs for the remainder of the estate.

Arguments were presented in their behalf before Probate Judge Filby, Friday. The case was taken under advisement by the court for a later decision.

Involved in the case is a Kansas statute which provides that when a person dies without heirs, and without a will, the proceeds of his estate are to go to the Kansas school fund.

There it is to be held for 10 years, subject to possible later claims by possible heirs, and then may be used for school fund purposes.

The arguments for the Yorks are based on the fact that they are his heirs, and in the absence of other heirs, they are entitled to the remainder.

It was argued that the Kansas laws providing for disposition of the estate of a person who dies without heirs, was intended to be applied only in the case of an individual who dies without known relatives, which wasn’t true of Mr. Brown.

Appeal Brown Estate Case

Heirs to Supreme Court from District Court Decision.

A notice of appeal to the Kansas supreme court has been filed in Geary county district court by heirs and claimants to the late John B. Brown, deceased.

The appeal is being taken from a district court decision in which it was held that half of the estate of Mr. Brown, who did not leave a will, shou1d go to the state, to be held there for a period of years, subject to claim of other possible heirs. The heirs appealing the case, half brothers and a half sister of Mr. Brown, maintain that they should receive the entire estate as the only known heirs. They have received half.

These heirs are Clarence York, Frank P. York, George W. York, Edward York and Nellie York, all of Junction City. E. W. Rolfs is administrator of the estate and is represented by U. S. Weary.  Attorney General Harold R. Fetzer and Robert A. Schermerhorn, county attorney when the case was originated, represent the state. Attorneys for the heirs are J. V. Humphrey, A. S. Humphrey, I. M. Platt and Charles I. Platt.

No. 3979

In the Probate Court of Geary County, Kansas.

In the Matter of the Estate of John B. Brown, deceased. Notice of Hearing on Demands.

The state of Kansas to all persons concerned: You are hereby notified that claims have been filed in said court by Nellie F. York as follows: (1) a claim for the sum of $13,888.50 for services rendered decedent; and (2) a claim for the sum of $35.00 for moneys expended in behalf of the decedent in connection with the funeral, for which she has not been reimbursed; and you are hereby notified to file your written defenses thereto on or before the ninth day of April, l948, at 10 o’clock A. M. of said day, in said court, at which time and place the said causes will be heard. Should you fail herein judgment and decree will be entered in due course upon the said petitions.

Witness my hand at the city of Junction City, in said county and state, this 12th day of March, 1948.

 E. W. Rolfs, Administrator of the estate of John B. Brown, deceased, U. S. Weary, Attorney for Administrator.

No. 3979

Union

In the Probate Court of’ Geary County, Kansas. In the Matter of the Estate of John B. Brown, deceased. NOTICE OF FINAL SETTLEMENT. State of Kansas to all persons concerned: You are hereby notified that a petition has been filed in said court by C. W. Rolfs, administrator of the estate of John B. Brown, deceased, praying for an order, judgment and decree of the Probate Court, approving and allowing attorneys’ fees and expenses of administration; that the court make a finding as to the heirs, devisees and legatees of the deceased and the amount to which each is entitled, and that the administrator be discharged and relieved from all liability; and you are hereby required to file your written defenses thereto on or before the 3rd day of September, 1948 at 10:00 o’clock A. M. of said day, in said court, at which time and place said cause will be heard. Should you fail therein, judgment, and decree will be entered in due course upon said petition.

Witness my hand in the city of Junction City, in said County, and State, this 7th day of August, 1948.

E. W. Rolfs, Administrator, U. S. Weary, Attorney.

York Heirs Lose In District Court

Statutory Provision Requires That Half Go To State, District Judge Holds

Union     March 19, 1949

 A contested half of the estate of the late John B. Brown, who died here May 15, 1947, must go to the state of Kansas as escheated property, under a decision by District Judge James P. Coleman.

 The decision is a reversal of a previous probate court decision under which the property was granted to members of the York family here, the four half brothers and half sister of Mr. Brown. They are Miss Nellie F. York, Clarence York, Frank D. York, George W. York and Edward York.

 The case was taken to district court on an appeal of that decision.

 The Yorks previously had been granted an uncontested one half of the estate, as the legal heirs for that portion. The total cash value of the estate was given as $10,373.67 with real estate valued at $1,000.

 Disposition of the contested half of the estate has attracted much legal attention throughout Kansas because of the unusual circumstances involved.

 The handling of the contested portion of the estate as escheated property means that it will be paid over to the county treasurer, for the state, to be held for a period of years for possible claims for legal heirs. The property eventually goes to the state in the event it is unclaimed.

 The possible heirs involved would be descendents in the family of Mr. Brown’s father.

 It is an involved situation. Mr. Brown left no will, was never married, adopted no children, and his parents are deceased.

 He was the son of English parents. His father and his father’s brother, according to the evidence, died in Africa in 1867, while serving in the British army.

 The mother, her son, and a daughter, Sarah, then came to the United States, and the mother married Thomas York in Junction City. The five children born of that union are the claimants involved in the present litigation.

 The daughter, Sarah Brown, drowned while still a young girl.

 Since Mr. Brown died without a will, the provision of the law is that half of his estate shall go to his father’s heirs, and half to the heirs of his mother. The Yorks, as heirs of the mother, thus receive half, it was pointed out, but are not heirs of Mr. Brown’s father.

 Moreover, so far as it has been possible to determine from a check in England, there are no heirs of the father, so there will be no one to claim that portion of that estate.

 Because of that, the York heirs here have claimed that it could not have been the intention of the legislature to cause a part of the property to escheat while there were living heirs, the decision pointed out.

 Nevertheless, the court continued, previous interpretations have shown that to be the effect of the law, and the half of the estate which passes to the heirs of the father must be handled as escheated property.

 He pointed out that the statutory provision is that if an intestate person leaves no person entitled to take his property by intestate succession ... it shall escheat to and become the property of the state.