Show GIVEN I IN FERRY CASE Judge Marshall Marshal Dismisses Suit Brought by Michigan Heirs of W M Ferry HAS INTERESTING HISTORY HINGES ON AFFAIRS OF A UNIT UNITED UNITED UNITED ED STATES SENATOR Judge John A Marshall Marshal In the federal court yesterday sustained the tM demurrer of the representatives of the estate of Edward Edwar P Ferry Fern in the suit sui for ap approximately approximately approximately proximately brought against this estate by the Michigan Trust com corn company company pany This decision ot or Judge Marshall practically puts Duts an end to seven sen years er of If litigation in connection with wih this estate In The flie he case was wa originally brought Michigan by some of or the heirs heir of or the late William Montague Ferry Ferr Judg Judgment Judgment ment mont In the amount of about was granted the contesting heirs and a asuit asuit asuit brought in suit on this judgment was court In Utah tJ When the complaint was waz flied Hied fl in Utah Uth the representatives of P Ferry ler who has ceased ceas active act manage management ment meat of his affairs filed fed a demurrer demurer on the ground that the complaint of the Michigan Trust company representing nUng some of the Ferry eI heirs heln did dul not state a cause cule of action acton in that th th the judgment of or the probate court ii n Michigan was not a proper one since the tile defendants to the action acton had never nev r been 1 n served cd with the necessary papers in the tM case cl Judge Marshall Marhal upheld tills this demurrer demur r rand and gave the plaintiffs the opportunity to amend their complaint to cover coer cler this point Int The Tho plaintiffs to the th action acton did not amend the complaint c in a I manner nUner to meet the approval of oC the te court Lurt and Judge Jude Marshall Marhall dismissed d th suit The Te Michigan Trust TrU t company c was s represented represented represented in the suit by b E JK 13 Critchlow and the Ferry Fer estate by E S Ferry l l and J 3 T Richards Richars It is that an nn appeal appel will wi be taken by the trust corn com company pany pan from Judge Marshalls ruling in inthe inthe the case r William Wilam Montague Ferry The litigation is the result of I a some somewhat Eme somewhat what unsettled condition of oC the th estate f tate of William llam Montague Ferry Ferr who in Michigan some thirty years er ago William Montague Ferry err was a pioneer resident of or Michigan He went to that state when it I was wal a frontier wilderness in the early erly part of last century As Asa Js Indiana the a missionary among the lie n northern peninsula he was the fere fee runner of the settlers of the state His business interests in Michigan brought him rich considerable wealth and he died diedrich dIe diedrich richOn On his death Edward P Ferry Ferr his hisson hisson son EI the father of oC W V Mont Ferry Fery and andE E S Ferry of Salt Sal Lake was app tinted executor of oC the estate The legacies of the late Mr lr Ferry Fer were paid b t bi his hisson hisson hisson son and there was a residuary estate of 1000 The records of ot the probate court In Grand Rapids Mich where the estate was probated lo Jo 0 not n t show ow owa a final s ement of or this residuary es estate eState estate tate Through his representatives Kd Ed 1 Edward d dward ward P Ferry Fery claims clims to have hare used this amount in iii the payment of his brothers debts debt and that he was authorized authorize tu to do doso dob doso so by b written wrilEn assignments of or tIie tie helis heh and further that the records of or a court courtin curt curtin in equity show this fact fac even eve though the probate court cur records do 0 not show shw this record A Distinguished Brother The brother of whom this 10 is fo claimed to have b ben been en paid is the late late Thomas W Ferry Fem Ferr United Unie States Spates S ate sen senator senator senator ator from Michigan He was prominent in politics serving in both branches of or orthe the Michigan legislature and amI lepre r seating his state In both houses of con on congress congress gress He was candidate for or vice president at the Chicago Re Republican Republican publican convention which nominated Abraham Abrham Lincoln In 1890 for tor president He was elected four our times to congress and amI twice to the tho United Unie States senate Immediately after his first frt election ele to tt the th senate nate he made president s was ws pw pet P tempore and reelected to that position four times tIm On the death deth of Vice Pres President President ident Wilson In 1877 he became bee acting vice Ice president of or the United States He died in 1596 It I was not until seven years a ago jo that the descendants of or the daughters of the original orl William Montagu Ferry tiled Bled I their claims for a portion of the redu redu ary estate They The claimed thi th original with interest compounded for fo nearly thirty years year and nd this thi with ll other th r minor claims brings the total amount aloun up to 10 1000 Action relative to t the final disposition disposition lI I Iton tion ton of or the residue of the tl estate was pending in the Michigan courts r urt until fifteen months ago when the probate court at Grand Rapids granted to the Michigan Trust Trus company compau representing rep the contesting heirs heir judgment ot ci ap approximately approximately proximately against a the estate eta te teof of Edward P Ferry Fery of Sat Salt Lake There was no property In Michigan belonging to this estate so 8 that 11 IL I was s necessary to file fe suit on this Judgment against this estate tate in Utah t In a money monc judgment however it t Is 15 necessary r to secure seure personal serle e n ii the defendants to the alton aUton aron This was ws not done dore before the Judgment was Mas se secured secured secured cured and for tor that reason Judge Mar Marshall Marshal Marshall shall decided that it was as void and an that there was no cause of action acton stated state in inthe Inthe Inthe the complaint and therefore dismissed the suit If I the trust company does not appeal appl the case this decision will wi amount to 10 o a final disposition of the litigation and be a final decision in the matter mater of the estate of the late William llam Montague Ferry Fero The trust company has the tb privilege of or appealing the case to the th circuit court of appeals but if I that court upholds the decision of or Judge Jt 8 Marshall there wilt will w n be no further re recourse re recourse recourse course for the plaintiffs in the case ca Should the court of appeals appels reverse reven 1 Judge Marshalls holding then the Ferry estate may appeal to the United States supreme court f x final adjudication adjudication cation caton |