The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1893-09-27
A SENSATIONAL CASE.
Serious Charges Made Against Susan.
nah Darcy Yesterday.
The Petition of John ". Smith Filed in
the Probate Court Citation
20 show Cause.


Estate of Anna G. Anderson; final ac-
count allowed and Petition for dlstribu-
ton granted.
Estate OF John w. Kerr; hearing on
order to show cause why certain real es-
tate should not be conveyed dismissed.
Estate of Martha PREFER; Oct. rs set as
time to hear petition for probate OF will.
Estate of George Killpack; Emily Kill
pack appointed Administrative on fling a
bond in the sum of 81 600.
THE WARNER CASE.
Estate of j. Harley Warner, final ac-
count allowed and petition for distribu-
tion granted.
In the matter of the guardianship of
Alfred S. and Thella KimOall, minors;
order made that citations issue to Susan
nah Davey, guardian of said minors, to
appear on Saturday. Oct. II, at 10 a. M,
TO show cause why her letters OF guar
dianship should not be revoked.
The above action was taken on the
petition of John w. Smith. Said petit
toner alleges that he is the surviving
husband of the late Josephine d. Smith
that the latter died June II, 1898, leaving
children as follows: Alfred S. Kimbali,
aged ii, Thella Kimball, aged IL, Clar-
ence B. Smith, aged 2, that said Alfred
S. and Thella Kimball are children by
her former marriage, and said Clarence
B. Smith is a child of said deceased by
the petitioner. That the deceased in her
will named Susannah Davey as guardian
of the persons and estates OF the minors
Alfred S. and Thella Kimball and that
the said Susannah Davey qualified and
entered upon her duties as guardian. The
petitioner alleges that Susannah Davey is
unfit to act as guardian by reason OF her
GROSS IMMORTALITY
and is unfit to control said children by
reason of their hatred and dislike to her;
that they have refused to live with her,
and that Thella is kept with her by force
and fear and contrary to the wishes of the
child.
1t is alleged that Susannah Davey is the
wife of Charles Davey, but that after her
husband had gone out of the territory
she entered into marital relations with
one Joseph Brethwaite and lived with
him as his wife
WITHOUT HAVING DIVORCE
from her lawful husband; that BreGh-
waite afterwards ceased to live with her,
and that then Susannah Davey began her
domestic relations with her husband.
That she raised several daughters who
have been married, but are now living
with their mother apart from their hus-
bands; that one of said daughters, Rose
Davey, gave birth to two children while
she was under the care Of her mother and
before her marriage, and that said Rose
Davey afterwards married one Alfred
Sheppard; that the first child of Rose
Davey is still living with her mother and
grandmother, the said Susannah Davey
and is about 10 years of age, and is her
self now pregnant and became SO while
under the roof of said guardian and while
she was yet unmarried; that said guar
dian had another daughter, Eva Davey,
who became pregnant before her mar
riage about four months, and that on ac-
count of the gross immortality of said
Susannah Davey and her daughters who
are with her, they are entirely and to-
tally unfit to have the charge and care
and ruling of the said children.
1t is further alleged that Mrs. Susannah
Davey is addicted to the excessive
USE OF INTOXICATING LIQUOR
and that being old and poor is unable to
educate and cIothe said children, and that
the income from the estate is insufficient
for that purpose.
The petitioner states that he being the
husband of the mother of the children
has lived with them and taken care Of
them for four years; that he is an able
bodied man 38 years of age, and is willing
and able to support them, and that all OF
said children desire to live with the
petitioner, and that said Alfred Kimball
and Clarence B. Smith are now living
with him. Wherefore petitioner prays
that he be appointed guardian in lieu OF
said Susannah Davey. J. E. Lochran
and J. A. Williams are the attorneys fo1
the petitioner.