The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-09-14
Monkeys ORIGINAL WIFE.
She Will Get $37, 500 on Ac-
count of Her Marri age
in 1S49.
While She Lived Alone Husband
UnknoWingly Earning For
tune for Her.

John Smith Monkeys So. 900 estate is to
be equally divided between Mrs. Eliza
beth L. Moxley of Baltimore, wife whose
claim is upon marriage performed in
1S49, and Mrs. Elizabeth W. Harrington
Monkey of this City, who lived with Mox-
ley as his wife from 1888 to the time of the
mans death in 1892.
This is according to a decision rendered
yesterday by Judge Hebbard.
There was no proof of the second wife's
marriage, and the proof of the marriage in
1849 could not be broken, and no divorce
had ever been obtained, although Monkey
and his first wife had lived together but
short time. A few weeks after the mar
riage Monkey came West, and he never re-
turned TO his wife.
The property was decided to the local
wife by Monkey shortly before his death,
but the original wife has tablished her
community claim. In the opinion Judge
Hebbard said:
Defendant, in addition to claiming that she
was the wife and is the widow OF John Smith
Moxley, which contentious cannot be sus-
tanned, claims also that the consideration for
the conveyance by Monkey 10 her OF the two
pieces OF property in question was more than
love and affection, in that she, believing her.
self 10 be married to him. "toiled and shaved
for him, gave herself up 10 him in every way,
yielded him all her earnings, cleaved TO him
in sickness and in health, and took care of him
when there was ne one else to do So" pa
thetic appeal indeed.
And it is true that she did all these things;
that she performed every Office that wife
could perform for husband.
But this is insufficient under the law to de-
priye plaintiff of her interest in the community
property, particularly as il is not shown by the
evidence that the contributions OF money by
defendant TO Moxley amounted to anything
like q sum equal TO the valne of the property
when il was decided 10 her by him; the amount
of such contributions OF money was not equal
in amount to the value OF one-han thereof
even.
John Smith Monkey had right 10 dispose OF
his own hall of the community property, pro-
yided he did not thereby charge his wife's
share with community Indebtedness. Under
the circumstances in equity, the consideration
which passed as between John s. Moxley and
defendant was valuable consideration, and
is sufficient 10 secure to her an undivided one
half of the property decided to her, but no
more.
The title to one-half of this property passed
TO plaintiff upon the death OF John S. Monkey
and she is the proper party TO maintain this
action. She is entitled TO the possession OF it
as such owner and tenant In common with
the defendant.
Defendant believed tina. she was the wife of
John S. Moxley, and has conducted herself dur
ing the long years of her life with him and in
this litigation only as any woman would in the
performance OF her duties as a wife and in the
endeavor to maintain the rights which she be-
lieved she was entitled to and which ordinarily
belonged to that relationship. John S. Mox-
ley received from her consideration OF sufficient
value TO sustain the conveyance by him to her
of his share in the community property, and TO
this extent she ought to be permitted 10 Ell
joy it.
it would seem from all the evidence that
John S. Monkey did intend to deceive his wife.
plaintiff herein, and to prevent. her from COM
ing into any share OF his property, but ii does
not appear that the defendant herein was
party therein or knew OF it, and his designs
VIII not prevent plaintiff from coming into her
rightfuI estate.
The case was tried about two months
ago.