Friday, August 22, 2014

Testimony of Roy Williams from Leach vs Leach lawsuit.

The following testimony of Rob Williams was taken 11 February 1948; this post is the seventh of eleven. The background (explanation) for this testimony can be found in my post dated 23 July 2014.


Chester F. Leach, Clyde F. Leach, Oscar Leach, Otis Leach, Ersa Leach, and Samuel Leach, Plaintiffs.


S. D. Leach, Defendant.


Also the deposition of Roy Williams, taken at the same time and placed and tor the purpose stated in the caption. Witness being first duly sworn and examined by Otto C. Martin, Attorney for defendant, testified as follows:

Q. 1   State your name please.
A.    Roy Williams.

Q. 2 Your age.
A.     56 years .

Q. 3   Where do you live?
A.   I live in the Rob Roy community .

Q. 4   You a farmer?
A.   Yes sir.

Q. 5   Did you know S. W. Leach during his life time?
A.  Yes sir, I did.

Q. 6    How near did you live to where he was living when he died?
A.   A farm between us, three-quarters of a mile, I guess.

Q. 7   How long have you live where you now live?
A.    Since I was 12 years old.

Q. 8   How long have you known this farm?
A.   Since I was grown and have known any land, you know.

Q. 9   You were about 27 years old when Mr. Leach died?
A.   Yes sir.

Q. 10   Have you been on that land very often?
A.  Not so many times, but several times.

Q. 11  You knew about the kind of farm it was?
A. Yes sir.

Q. 12   How much of that land was suitable to grow crops on, how much was productive?
A.  10 or 15 acres.

Q. 13   Do you know anything about the timber on that land?
A.   No, not to observe it closely.

Q. 14   Were you ever through it?
A.  Yes, I have been through it.

Q. 15   What kind of timber was growing on that land when Mr. Leach died?
A.  Medium, I guess, 0ak.

Q. 16  Taking this farm, the kind of buildings on it, the surface and timber, into consideration, its location, in 1919, when Mrs. Leach sold this farm to Jasper Leach, what in your opinion was the reasonable fair market value of that farm, timber, improvements, and everything at that time?
A.  At the time that was sold, I would say about $2,000.00.

Q. 17   Without the timber what would you say the farm and improvements were worth?
A.  The buildings were old, and the way timber was selling then I would cut that half into.

Q. 18  Suppose anyone had purchased from Mrs. Leach her life estate in that farm, and that she was 62 years old, when Mr. Leach died, and in poor health, and only the right to the use of the farm so long as she might live, what would have been the value of her life estate?
A. You mean to purchase the farm and make a living on it?

Q. 19   Just purchasing her life estate, that is her right to use it that is the surface and improvements, but not the timber, as long as she might live?
A. Not over $200.00 a year. I guess I would give her that much.

Q. 20   What, in your opinion, would have been the fair renta1 value of that farm at that time in the condition it was in, the cash rental value per year?
A. You mean per acre?

Q. 2l   No, just the farm for farming purposes?
A.   Not over $250.00 a year.

Q. 22   Could you have made any profit with no more of it producing at $250.00 per year cash rental?
A.   No, I guess not.

Q. 23   You could not make a good 1iving?
A.   No sir.

Cross-examination by Claude E. Smith, Attorney for plaintiffs

Q. 1  What kind of timber was growing on this land?
A.  Black Oak was the principal kind.  This was just like you see in old fields.

Q. 2  Any other kind?
A.  Some White Oak. I noticed no Poplar.

Q. 3  As you recall the kind of timber on that land when Mr. Leach died was White Oak and Black Oak?
A.  Yes sir.

Q. 4   Was there a pretty good growth of that kind of timber on this 1and?
A.   About an average.

Q. 5  What was the condition of the dwelling house on Feb. 15, 1919, when Mrs. Leach, the widow of S. W. Leach, sold to Jasper Leach?
A.  It was in living condition was about all.

Q. 6  Were there any other buildings on that land except the dwelling house?
A.  There was a barn.

Q. 7  What kind of barn?
A.  I judge 30 by 40 - -maybe 50.

Q. 8  A frame barn?
A.  Yes sir.

Q. 9  Are any of those bu1ldings there now?
A.   Most of them are gone now.

Q. 10   The farm has been permitted to go to what we ordinarily call waste.
A.   That is right.

Q. 11    The timber has been cut off of it has it not?
A. Yes sir.


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