The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-12-27
SHE WANTS THE CASH
Peculiar Proceedings Of an Old Woman
Against Her Husband.
HER METHOD OF TRANSFER
He Made Out HE VIII In Her Favor.
and to Make Her Bond Good She
Schemes to Get Hold Of the
Property Before He Dies.

A novel and rather sensational ac-
ton was commenced IN the district
court yesterday by a husband against
his wife for an accounting and for the
reconveyance of a lot of valuable prop
erty which she is charged with obtain
ing from him through fraud and mis-
representation. The plaintiff In the
case. Is Stephen Benjamin and the de-
PENDANT his wife Louise Benjamin. In
his complaint he alleges that they were
married at Montreal, Canada, in March.
1874, and for more than ten years have
been residents of Silver Bow county.
During the plaintiffs residence In
Butte he has by his own labor and ton
accumulated real and personal proper
ty of the value of $24. 400. and for
long time prior to April 2s, 1890. me was
the owner and in his own right and
In possession of lots 16, II and Is. In
block 40 of the Butte townsite, upon
which are situated three brick houses
and three frame houses. On the date
last mentioned the defendant, by fraud,
deceit and Misrepresentation induced
the plaintiff to sign two deeds for the
sole purpose of defrauding him out OF
the property. and the deeds were sign
ed and executed by plaintiff upon the
fraudulent statements and misrepre-
sensations of the defendant and for no
consideration whatever. The deeds
were not intended as a gift or grant OF
any kind. On the date mentioned the
defendant brought to the house the
Hon. Hiram Knowles and w. r. Keith
ley for the purpose of having the deeds
executed and acknowledged. The visit
of Knowles and Keithley was unsolic-
tied by the plaintiff and was unknown
to him until their arrival, but he Is in
formed and believes that the visit was
induced by the fraudulent and false
or fax OFF dafo do M M L No
and Keithley. Upon their arrival and
upon the false and fraudulent state
ments made to the plaintiff by his wife.
In the presence of the two visitors, that
the instrument was a will me signed 1t.
Benjamin Is unable to read, write or
understand the English language, and
all the representations made to him as
to the contents of the papers he signed
were made by his wife in the French
language. He asked her to have some
one present who could understand and
talk both the French and English Ian
guages and have the English language
interpreted to him so that he could un-
derstand the contents of the instru-
ment, but she told him to sign 1t and
everything would be all right and that
his rights in the property would not
be affected. He was not aware of the
real nature of the paper until some
time in last October, and when he dis
covered the fraud perpetrated upon
him by his wife he requested her to
return him his rights in the property,
which she refused to do. The deeds
were made without the knowledge or
consent of the plaintiff and without
consideration, and was executed at the
request of the defendant and was made
as a part of the design to defraud him
out of his property, which Is valued at
$40, 900.
On and before April 2s, 1890, Benja-
min was the owner of $4,000 in cash on
deposit in the First National bank of
Helena and in the State Savings bank
in Butte. The money was given by
him to his wife to be deposited in the
banks to his credit, but she, without
his knowledge or consent and against
his will, deposited the money to her
own personal credit Since that date
Benjamin has earned by his labor $4,000
more. which was given, at different
times, to the defendant in trust to keep
for him and to be repaid on demand.
The rents and profits of the property
above described since April rs. 1890,
have amounted to $1,000, and all have
been collected and retained by the de-
PENDANT. All the cash described.
amounting Ito $1,000. rightfully belongs
to the plaintiff.
Before the commencement of the suit
Benjamin demanded an accounting
from his wife and repeatedly asked
her to make statement to him of the
money held in trust by her. and has
demanded the return of 1t, but she has
at all times refused to account for any
of the money in her possession or un-
der her control Benjamin asks the
court TO declare him to be the owner
in fee of the real property described
and that an order be made directing
his wife TO reconvey to him the proper
ty, and II she refuses to so convey II
within 10 days that a commissioner be
appointed to make a good and suffi
cient conveyance in spite of her. The
court is also asked to compel Mrs.
Benjamin to account to her husband
for all the money In her possession or
under her control belonging to him and
for judgment against her for the sums,
upon trial. found to be due on the ac-
count
With the complaint were filed copies
of two bargain and sale deeds The
first was from Benjamin and his wife
to Peter Barrett and no consideration
was named. The second deed was from
Barrett to Mrs. Benjamin. the consid-
Grafton being 81. The three lots and
six buildings included In the transfer
are located in the southwestern part of
the city on the Stevens lode.
There are many circumstances in
connection with the peculiar transac-
ton referred to in the suit commenced
yesterday that don't appear in the
complaint. Benjamin Is about "a years
of age and his wife about SIS and they
nave several grown cnlluren Inc ram
lily lives in South Washington street,
below the Christian church Prior to
April 2s. 1890. Benjamin had made a
will in which his wife was amply pro-
vided for and she was named as execu-
trix, but she was not exempted from
giving a bond as required by the laws
of the state. This did not suit her and
she claimed. so her husband says. that
she would have trouble In giving a
bond in a sum Of twice the amount OF
the estate and induced him to make a
new will and relieve her of the neces-
sity of giving any bonds at all. He
agreed TO do so and IL was then that
she worked of the deed on him as a
will and brought in Knowles and
Keithley for the purpose of drawing
and acknowledging the papers. Benja-
min alleges that the attorneys or one
of them, read the deed in English and
Mrs. Benjamin pretended to explain IL
- In. Icra....h h.