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- Niagara Gazette - 10/4/1935
LOCKPORT, Oct 4-Decislon was
reserved yesterday by County Judge
William A. Gold In equity term after
bearing evidence In a dispute among
North Tonawanda heirs over disposition
to be made of certain real property
left by Mrs. Augusta Zimmerman,
of that city, who died June 17.
Mrs. Anna A- L. Behner, a daughter,
who claimed to bold a fourth Interest
In the property, brought the action,
hoping to force- a sale of the
real estate and a distribution of the
proceeds.
Her brother, Charles P. Zimmerman,
executor, bis wife. Matilda Zimmerman,
another brother, Otto A.
Zimmerman, bis wife, Elsie Zimmerman,
and a sister. Mrs. Eliza A. M.
Schmltt, all opposed the action on the
ground that Mrs. Behner Is not entitled
to any part of teh estate.
The evidence dates back to April
8 1917. when Charles Zimmerman,
father of the four children, died intestate.
Under the law the propertv
went to the widow and all the children,
except Mrs. Behner, signed their
Interests over to the mother. Mrs.
Behner, then only 17, made a written
agreement to sign her share over to
her mother when she became 21
years old. She failed to do this and
when her mother died a will was produced
leaving the estate to the other
three children.
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