The morning call., 1894-07-30
ACROSS THE SEA.
Hands Reached for a Big
Estate.
ROGER O'DONNELL'S WEALTH
1t Is Alleged That He Secured
1t by Fraud.
ROGER O'DONNELL'S WEALTH
JIT IN THE CIRCUIT COURT.
The Appointment of a Receiver
Asked by Irish Claimants.
Valuable Property.

A bill in equity has been fled in the
United States Circuit Court against Roger
ODOnnell by Mary Dugan and Catherine
ODonnell of Donegal, Ireland. who seek
to recover three tourths of an estate valued
at S126, 600, which they allege he obtained
from them by chicanery and fraud.
The estate consists of two 50-vara lots
with improvements al the corner OF ValleJo
and Dupont streets. valued at 1000; two
50-vara water lots at the corner OF Beach
and Leayenworth streets, valued at Sl5,-
000 and 100 acres of land in Lake County,
valued at $4,000 What is said TO be the
first brick building erected in this city is
on one Of the Dupont-strest lots. 1t is a
very large building. once used as hotel.
and in it Roger O'Donnell. who is in pos
session of the property claimed by the
plaintiffs, occupies a suite of rooms. tie
is an old man, and they allege in their bill
a very dishonest one. Their attorney, j.
j. Coffey, has petitioned the court to ap-
point receiver for the estate pending It'll
gation and in support of his petition VIII
produce an affidavit that O'Donnell has
become an imbecile through the excessive
use of intoxicating liquor. The motion for
Of the appointment OF receiver will be
argued before Judge McKenna to-day.
The property involved belonged 10 Hugh
0Donnell, surveyor, who was we'll
known to old residents Of the city. be
was called major, and, ii is said, was
veteran of the Mexican War. Sometime
in 1866 or 1861 the major, who was then
looked upon as a wealthy man, sent to
Ireland for mis- nephew, Roger. and upon
his arrival placed him in charge of the
property. Death overlook the major one
year later. 1t was said that he died intes-
tate. but the plaintiffs assert that he left
a will. Roger was appointed admlDistra-
tor by the Probate Court. and, according
to the petitioners, at once made prepsra-
tions to acquire the estate for himself.
The heirs Then were Rogers father,
brother of Hugh, Mary Gallagher and
Catherine ODOnnell, his sisters. Roger
wrote 10 them for powers of attorney TO
act as administrator. telling them that un-
less they gave him full power to act, the
estate would be eaten up bv thieying law
yers and they would get nothing.
The powers of attorney asked were
given, and the plaintiffs assert that Roger
after time wrote letter to his father,
in which be preyed upon the old mans
fears, and ended by asking for a full deed
to the estate, that he might resist threat
ened litigation. The monthly rental of
the estate then amounted to $500.
jeremiah ODOnnell, Rogers father, it is
charged, succeeded Ia inducing the two
sisters, who could not read or write, to
join with him in giving Roger an absolute
deed to the land, receiving a moiety of
their interest in return, and believing that
they had merely made him an agent or
trustee for them. Another sister, Mar
garet McMonegal, refused to abandon her
title to Roger, and it is asserted that he
had her declared an incompetent and had
B. p. Oliver appointed her guardian. The
attorney for the plaintiffs, who are the
heirs Of the two sisters who agreed to the
transfer of the property to Roger. says
that suit will be commenced against Oliver
to recover their interest in Mrs. McMone-
gals interest, which was one-fourth of he
estate.
Roger entered into possession of the entire
estate in 1871 and was undisturbed until
1890, when Rose Dugan. a relative of one the
plaintiffs, came to this city and met Attor-
ley Coffey She told him that the heirs in
Ireland thought they had been robbed by
Roger ODonnell and that she could get no
satisfaction from him. The RECORDS of the
Probate Court we're searched and great
mass of evidence, including many letters
written by Roger O'DoDDell to his father
were secured and have been admitted as
evidence. The defendant has flied a de-
murrer. in which he denies all the allega-
tlons of the claimants, but it was over
ruled.