Centre Democrat. [volume] (Bellefonte, Pa.) 1848-1989, 1882-03-16

ring the summer Of 1881, when on "a tour
through Europe.
"ScpeHh That during the time she had
her home With her said grandmother and
aunt, her unclo james Milliken, and one
of the said defendants, spentA considerable
part Of the time there as an inmate and
member of the family.
"Eighh That during her minority, her
documentary guardian, the fhid Samuel
Miliikcn, her uncle had sole churge md
control of her estate, and Hlsp supcrinten-
dcd aud directed her education ia conncc.
tion with her uncle, the faid james Mill
ken.
"Nmh-That during her minority she
hnd personally very little knowledge or
Information ~ 10 the nature, kind and
amount Of her estate, nor Of the provisions
Of her inther's viii, the same never having
been shown tu her, nor the contents thereof
made known TO her 10y either Of her snid
unclcs, or any one else, and that she never
until recently saw either the will Ur Il copy
thereof
"Icnh-That short time before, or
about the time she arrived at tho age Of
twenty YEAR, on the lllh day of April,
1881, her guardian Hud uncle, the srid
Samuel Militk"n, informed her that be wHs
unwilling to continue in the charge and
care Of her property and estate, md Ddyi-rl
her - get her uncle james Milhkan to
take the care aud management thereof"
These avcrmenis are fubstAntialiy Ad.
mittcd by defendant IN his answer.
The bill further charges that after shr
had been advised by her uncle. Samuel
Mllikcu, to get her uncle, James MIllikcn,
10 take the care and management of her
estate, shc did request James Miliikcn t.
take the care and management of II as her
ugeHt that nj the solicitation and through
the Importantly Of her uncle, James Mill.
ken, shr mad" voyage t. Europe, and
shortly before starting on mid voyage, Hud
twelve days after 10" reached her majority,
the said james Nilhkcu employed counsel
and had the deed Of trust prepared that
when the saii decd Of trust was prepared
nud ready for execution, be brought II to
her and read II over once, and undertook
10 explain It, provisions that he stated
that such q paper Was necrEsAry tu provide
frr any contingency that might happen
during her voyage 10 Europe ard return.
and that if che got back safely sbr could
change, alter or revoke IL ht pleasure that
sho did not understand the nature nud
effect of III" deed from he reading aud or.
pianAtion 81 u, and that li sh. bad under.
.i0pd It., she would not have executed ii:
that Fhs believed what defendant told her,
lhHt she was simply constituting him her
agent, and that fhr was dIspusirg 81 her
property by will, providing Tor the cuutin.
erucy Of her death before her return from
Europe, that shc was not sdyisci by coun.
eel and only haI the advice og her uncle,
the said james NilakonE that before and
after tho execution of said deed. The .AiJ
trustee taid shc could revoke it at any time,
Aud was willing shc should do 30, until
recently, when he refused TO assent ;1 it,
cancellation that the taid decd Was not
recorded for more than eight months after
IT, execution, and not until after shc bad
msdo demand iur u, az a copy thereof
that she has never been shown iull state.
mcni of her persoral estate nor does she
know % what IL consists; tha, tho trustee
has declined to answer her inquiries on tho
subject.
These Avcrmenis arc verified by the stll
davii Of the plaintiff, and a. to her aver.
ment that she dfd not uuderstAnd the
nature and effect ol the paper sho had
executed, she il corroboralod hy the s(H.
davii Of her aunt, Mary y. j. Valentine.
Thcse latter ay0Fmcuts of the bin are in
AtHt WAAAN AfllFtA ~ AihH sFifNHhNh IN MS
answer, which on this hearing il TO be
conudered as an affidavit Warreu and
Frauklin Railroad o.. -. Clarion Land
and THprorcu,cnf Co., 81 Pa ST., IS.
The following Ayerments OF the bill are
established by the sfiiiAvits
That after her fathers death and during
her minority, the plaintiff lived with her
grandmother, the mother of defendant. her
aunt, = sister, and the defendant; that ono
Of her unClcs, the brother Of defendant,
was her issiamentsry guardian, who bad
charge Of her estate, and that he. in con.
nection with james Milliken, the defend.
ant, surcrintonded and directed her educa.
ton thA, her estate Was taken charge of
hy her uncle as guardian, and that he had
little knowledge of its character ard
amount that the deed Of trust was exc.
cuied twelve days after attaining her ms
jority, and just prior to her starting for a
voyage 10 Europe, in company with James
Milhken, the defendant that the exccu.
iion Of the deed was procured by the ad-
vice Of Samuel Milliken and the said
James Milliken, the defendant, both uncles
and benehciaries under the deed that she
did not have tho advice and assistance Of
legal counsel in regard 30 the provisions Of
said deed, but whatever explanations and
advice she received wcTe given by the
trustee, james Milliken, snd ihs, on the
happening Of certain contingency
death Of the plaintiff without issuc-hcr
uncles, Samuel Milliken and James Mill.
ken, the trustee, would be large benofci-
aries under said deed.
The other material allegation that, by
the execution Of tho deed, plaintiff be-.
lieved shc was constituting james Milli-
ken her agent, and that she could revoke
or alter at any time said deed, Is denied in
the affidavit Of defendant.
IL there sufficient In the allegations Of
the bill and the AiIidaviis 20 justify the
court in granting present relief to tho
plaintiff? IL NAV be conceded tha, the
defendant sustained such relation 90 The
plaintiff that he could exert an influence
over her. She had lived in his mothers
family, of which defendant was an inmate,
from infancy. Her mother had died when
she wss very young, and her father died
when she was but eleven years old Her
estate and her rducaiion were under the