Los Angeles herald., 1890-03-26
TO SET ASIDE A DEED
Suit Involving One Thousand
: and Forty Acres.
Property Valued at One Hun
dred Thousand Dollars.
Able Attorneys COntesting the Case
on Both Sides of the Question.
Did Patrick Connolly Unduly Influence
His Sister When at the
Point of Death?

A very interesting case is on trial be-
fore Judge Wade in Department No. of
the Superior Court, in which real estate
valued at $l00, 900 is involved. The legal
talent engaged is remarkable, and is as
follows: For the plaintiffs, w. w. Foote,
Barclay Henley, Swift & Rigley, of San
Francisco, and Graves, O'Melveny and
Shankland, of Los Angeles. For the de-
PENDANTS, Hon. S. M. White.
The gist of the matter may best be
learned from the complaint, which sets
forth the facts in less space than lawyers
usually occupy. Condensed, the aver
ments are vas follows, the title OF the case
being first given:
Ellen Carly, Michael Connolly, James
E. Connolly, Thomas Connolly and
Catherine Coulson, against Patrick Con-
molly.
Mary Connolly died about September
13, 1887, possessed of section 26 and the
southwest fourth of section 25, and the
northeast fourth of the section and the
north half of the southeast quarter Of
section 25, township south, range IA
west. The property at the time Of her
death was valued at 100000.
About August 26, 1887, said
Mary Connolly met with an acci-
dent and sustained severe and
fatal injuries, from which she died.
During her illness she wps obliged TO
take narcotics and opSatess % YeliHVesthe
pain. During her suffering she was de-
prived of the proper use of her facul-
ties. The allegations then 60 on to state
that Patrick Connolly took advantage of
her weak state of health and mental
weakness to procure the making of a
deed of conveyance to all this property.
The plaintiffs are brothers and sisters OF
the deceased, 80 is Patrick. They pray
that the deed be declared void and set
aside, and for such other relief as the
court may see fit to grant. The deed
was made six days prior to her death. A
will had been made week before the
deed but was afterward destroyed.
A number of witnesses were examined
by the plaintiffs. That side of the case
is represented solely before the court by
Hon. Barclay Henley, while Mr.. White
takes care of the defense all alone.
Nearly all the witnesses put on the
stand were the plaintiffs themselves
They narrated how their relative was
accidently injured by being burned, and
how she died of these injuries, as stated
in the averments of the complaint as
above. That is all plain sailing; but
when they come to show that Patrick
took any undue advantage of the condi-
tionsof his deceased sister prior to her
death, the hill they are climbing ap-
pears rather steep. These statements
become mere conjectures. Patrick tele-
graphed to them when she was burned,
and they all gathered at the house
and were on the spot for days.
They know of no act done nor word
spoken by their relative to influence the
dying woman. She and Patrick had
lived together on the land, which is west
of Compton, and Connolly claims that
he was always part owner of it. 1t is
mortgaged to M. ]. O'Connor, and by
the terms of the deed Connolly under
takes to pay this mortgage.
Mr.. Henley undertook to show that he
had been in the habit of cruelty treating
his sister, and a neighbor named Collins
was put on the stand to show this. He
testified that he had seen the two quar-
reling, but it seemed to be an occasional
thing, and both seem to have entered
into the contest with spirit. Collins
stated that at most times the relations
of the brother and sister had been more
than amiable; they had been affection
ate. 1t seems that Patrick and his sis
ter were little given to conviviality
and when they got too jolly sometimes
the opposite extreme was reached, and
they had some words. Connolly is not
Chesterfield in manners, and
when in little passion he
may have used language somewhat
harsh, but these little tifs passed over
and the two agreed well enough. 6
Howard w. Mills was put on the
stand to testify to the value of the prop
erty. He said in 1887 it was worth $780,
600 to 500, 900, and that now it is proba-s
bly, worth $10O per acre. Inasmuch as
there are 1,040 acres in the tract, it is.
therefore now worth 100000 Hon.
Mr.. Bulla drew the will; week later
he drew the deed. He saw the papers
signed, and saw the will DESTROYED at
the time the deed was executed. He
heard Connolly ask his sister what she
desired to have done with the will, and
she said she wished it DESTROYED. She
then signed the deed and delivered it to
her brother. A layman cannot alWaya1
see through all the intricacies of the
law, but to the unframed layman's eve
the case seems as plain as a pikestaff. {
The case, however, is not yet closed, and
the Judge decides.