The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-04-24

stock in 500 shares. OF ,shicli Capt. Rem
ton held 415lS< sharess He was
also the owner Of stoc,s in he other de-
PENDANT corporations, bat. 70 what
amount is not knovn. Then follows
the enumeration of largl tracts Of
land. Of which it is alle4ed Renton.
Holmes & Co. claim to be Z se equitable
owners. though the plsinti3s claim that
Renton was the owner as against all ex-
cept themselves. as tbs title was in him.
These lands are 1913 81 acrts in Snoho-
mish. 3.5s7.s7 acres in Cheilaiis, 1. TAI. IS
acres in King. 4sl55 In srhurSton, 2,659.47
in Kitsap, 6, 277. IS in Macon ebunty. Then
follows the enumeration,of lands in King,
Kissap and Thurston counties to which
Renton held title. although the Port
BlakeIey Mill Co. claimed tctbe the equit-
able owner. Other laaSs in Fierce county
are described as having beeh owned by
him or by Renton. Holmes 4 Co.. though
the plaintiffs cllim that hS was the sole
owner, except their alleged ihterest. The
plaintiffs also specify ~ having been held
by Capt. Renton at the time of his death
$2,647 in the Peoples SavinfN bank. 81, Alb
in the Boston National bani{ $5,2l4 in the
First National bank; debts que from the
Port Blakeley Mill Company, $40, 213. IA:
ten shares of stock in tie Bottom National
bank worth, at par. $1,000 five-twelfths
interest in the ships Msrcur!. Topgallant,
Southern Chief. Prussiss Invsncible. Theo-
bald, barks r. K. Ham and ineobald, and
nine-sixthteenths Of the schooner Courser:
notes aggregating $}5.S3S debts due
from the Port Bakeiey Mill Company
amounting to sos, 1915; ofe-third inter-
est In notes aggregat:ng $3.50; Seattle
street improvement wa:rantd for $3,27303;
a number of lots in Rer.on addition to Sc
attic; 400 shares in the pugeS Sound Cedar
and lumber Company CT theYpar value Of
$4,000; sundry otncr Property; the
value of the whole ests.se being estimated
at s., 00o, 900.
1t is then alleged that Capl Renton con-
cealed from the plaintiffs ans their sister.
Josephine Sylvia, the facts that he had
obtained possession Of and ainvested the
property OF Joseph Sy.va With intent to
defraud them and that he d afterwards
fraudulently and falsely rep. ssent to them
that all the property mentioned later in
the complaint As c.a.med.by him to be
community property. end { iat all other
property SO specified was! his separate
property acquired by tie uSs and invest
ment OF his own money lnis alleged that
the plaintiffs, being me,nbeIf of his family
and having great CONFIDENCE in him, be-
lieved in these statement, AMI were thereby
deceived into making the agreement for
the distribution of the community prop
erty, as they did not know that he had
obtained possession Ct tbs property of
their father, Joseph Sysva. ;until after the
death of beth Capt ant> Mr1 Renton, that
is, until about Octot es 1, 1891. They say
that at the time of their mothers mar
rage to Capt. Renson they swere children,
and were taken into his farsily and reared
as his own children and Cor more than
twenty years. or until the.y marriage. he
called them by his ovo nashe and caused
others to do the same:: lhal their respect
i've marriages took place in his house and
he gave tn EN- away as, hie, own children
born in wedlock. By I,sass;l of these facts
they claim to be his adopJ,d children by
prescription and that a presumption of
law has arisen that tEey twere at some
time and place they are enable to state
lawfully adopted as lis children; there
fore, they claim to be s,is legal heirs.
They also say that by Capt. Ren,on's treat
ment and adoption of tthem as his
| children he was able 20 r:ore effectually
conceal the real facts o! thfir parentage.
The complaint goes Gu to state that, de-
| spite these alleged facss. tie various firms
| and corporations in whic.. Capt. Renton
was interested refuse to, recognize any
| trust for the piaintiffs' benefit, but recog-
nize Campbell and McXirllon as his exec
utors. On February "a, yisss. Capt. and
Mrs. Renton entered fnto!a written agree
ment regulating and ,iirel.ting the status
and disposition of thei" CO immunity, which
comprised all that already named except
the moneys on deposit: thS debt due from
the Port Biakeley Nil. CoSapany, the Bos-
ton National bank stock. the notes named,
the stock in the Puget Sound Cedar and
Lumber Company. the street improvement
warrants and the lots n Henton addition.
1t is next claimed tsat lat the time Of
Mrs. Renton's death tho two plaintiffs
were her only issue ard rso representative
OF any other issue Was li1ing, so that one
half OF the community prc1perty descended
to them IN equal shsTes. subject to the
agreement between C:pt}Renton and his
wife providing for ,h., future disposition
of it. On July 81. 1ssa, CSspt Renton was
on his own application. Appointed admin
strator OF the estate Of Sd ali NJ. Renton.
and was trustee uncser hhe community
| property contract. ana .us had control
| OF the whole OF ths c.mmunity prop
erty and of bis cah alleged separate
| property, yet the psainaiffs claim that
I, such of this property as dDes not prove to
be subject 10 the trust ;n fsyor of the sylvia
| estate is community p:oi&rty and not his
separate property. notwf thstanding his
| claim 10 the contrarr. T9ey go on to say
| that while he was acting Is administrator
and trustee for the camtaunity property
Capt. Ren,on proposea Is them to abro-
| gate the community pi0psrty contract, and
| that the estate of s,ir>t Renton be d.
vided among them IN +? the basis en-
| bodied in the Agreement AFTER
ward signed. At thxt time Can't.
Renton was IN full charge Of the property
and was well acquai n led with titles and
| its income-earning chsra'ter, and he was
subject to all the ob!i.at Ins and disabii-
ties Of his position q. a administrator and
trustee. The plant rs lsd a very inner
| feet knowledge OF the velue of the prom
erty or the origin IF tlse title. had but
scanty means of suppot for themselves
ana their iamiiles. a1G ware IN position
OF dependence on Capt S.enton's honesty
and fairness. and were Mt in a position to
deal with him on &c u.i lerms The COM
plant goes on to say. !
Nevertheless Wiiissn Eenton pronoscd
10 them an abrosation OF. the trust and a
division of the prortrt. and. in order 10
induce them 10 cons<ns knowingly and
with intent to defrasd sthem. mssrepre-