Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1884-07-21
A Contract that Was Not FULFILLED.

The attention of Department Two OF thu
Superior Court, and jury, was devoted
last Saturday, and will be for day or two
to the hearing of the case of Mrs. Jane L.
! Conner VS.. Lee Stanley, administrator Of
the estate of William Jarvis, an old resident
of Folsom, who died in September, 1882
leaving his estate, valued at $4,000 OF
more, to his grandchildren, the son and
daughter of Mr. Stanley, and appointing
the latter as his administrator Deceased
was IS wears of age at the time of his death,
and, it is claimed by defendant, was in his
dotage, and had been for years. 1t appears
that he became acquainted with Mrs. Con-
ner tagged about 50) in San Francisco early
in 1882, and subsequently, when she visited
Folsom, they became engaged to be mar
| ried, and an engagement was entered into
between them to the following effect:
This indenture, made and entered into this
twenty-tirst day of June, 1882 by and between
VIM. Jarvis, of the county of Sacramento State
OF California, party of the first part and Mrs.
J. l.. Conner, of the city and county of San
Francisco, party of the second part,
Wltnesseth, That whereas the party of the first
part and the party of the second part have
agreed and do hereby mutually agree to marry
each other, and that in consideration thereof
and of the mutual affection existing between
them, the party of the first part grants and gives
TO the party of the second part ten thousand
dollars $4,000 worth of the bonds of the Ma
toma Water and Mining Company, a corporation
duly organized under the laws of the State of
California, being 20 bonds of $500 each, made
payable to bearer, now in possession of the party
of the first part, all of which he promises TO de-
liver to her (the party of the second part on or
before the day of their said marriage, to be and
become her absolute property, in her own name,
as her separate estate.
1t is further agreed that one-half the interest
on said bonds, as the same becomes due and
payable from time to time shall be paid to the
party of the first part, and the other half shall
be paid to the party of the second part.
And the party of the second part hereby
agrees to keep and perform her agreement
herein in good faith; and they hereby mutually
agree to marry each other within a reasonable
time hereafter.
In witness whereof, the parties have here
unto set their hands and seals the year and
day first above written.
WIN. JARVIS,
Mrs. J. L. CONNER.
Signed in the presence of p. B. Nagle.
San Francisco, June q, 1882
The defendant claims, aside from gen.
eral statement of undue influence, ETC.,
that the plaintiff has no case because of
the fact that the contract was not fulfilled,
Mr. Jarvis having died before the wedding
day. On the other SIDE plaintiff claims
that there was no undue influence, that
her part in the matter was proper, that she
was at all times ready and willing to per-
form her part of the contract, that she was
not to blame for its not being consum-
mated, and that she is entitled to the bonds
mentioned in the agreement. Judges Den
son and Beatty and r. I. Devlin represent
plaintiff, and Grove L. Johnson and Free
man IL Bates the defendant