Judge Orders Auction to End Bible Dispute
Posted on: Tuesday, 25 May 2004, 06:00 CDT
PAINESVILLE, Ohio - A judge took a page from Solomon to settle a biblical dispute. Ruling in the case of a brother and sister who have been locked in a four-year fight over who owns their mother's 125-year-old family Bible, a Lake County probate judge hit upon a way for each to come away with their share.
"Since the family Bible is not divisible without doing harm to the asset, it must be placed for auction," Judge Ted Klammer said. He ordered the proceeds to be split.
Dorothy Kelsey of Concord Township, about 25 miles east of Cleveland, died in 2000. Her will divided her estate equally between her son, Darryl Kelsey, and daughter, Marguerite Barton.
But the siblings couldn't agree on who should get the Bible, which contains historical information about family members.
Kelsey said he took the Bible before his mother's death while he had power of attorney, so it was never part of the estate. He has since given it to his daughter.
Barton said the Bible was improperly bequeathed to her brother and should be returned.
Her attorney, Gerald Walker, said the siblings rejected suggestions to share the Bible on a rotating six-month basis.
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