The San Francisco call., 1895-07-18
GIVEN TO MRS. SCHMITT.
Precautions to Avoid Damages
in a SANDER Case Caused
the Trouble.
COMPLICATIONS THAT ENsUED
Nearly Eighty Thousand Dollars
Worth of Realty Which the
Plaintiff Claims.

NEW YORK, n. Y, July 17.-An order
was granted by Judge Stover in Supreme
Court chambers to-day allowing Mrs. Fan
ME S. Robinson of 342 West Fifty-ninth
street permission to serve the summons
upon her sister by publication in an action
which she had brought against her sister,
Mrs. Agnes NJ. Schmitt of 600 Eddy street,
San Francisco.
Mrs. Robinson is suing her sister to re-
cover about $4,000. She claims she was
induced in 1890 to transfer to her sister
real estate valued at about $4,000, and
$4,000 in cash, which she had on deposit in
banks in this city, under an agreement
that the property would be returned to her
on demand AT the time of the transfer of
the property Mrs. Robinson was being
sued by Mrs. Catherine Williams to recover
900 damages for SANDER.
Mrs. Schmitt was then living in San
Francisco. AS soon as she learned Of her
sisters trouble she came on here and ad-
vised her sister to convey to her all her
property and whatever money she had
in order to prevent Mrs. Williams from re-
covering any part OF the judgment in the
event of her success in the action. This
proposition, Mrs. Robinson says, made
in the Office of her lawyers, in the presence
of witness, and it was accepted by her
Immediately. She then transferred oil OF
her property to her sister for the consid-
Grafton of 81, with the understanding that
it would be returned to her at the termina-
ton of the suit which was brought against
her by Mrs. Williams for SANDER.
The action was tried and resulted in a
verdict in favor of Mrs. Williams for 6
cents damages. When that suit was con-
cluded Mrs. Robinson made request to
her sister that she reconvey all the prop.
erty back to her. This she refused to do,
hence the present suit.
Mrs. Robinson and her sister, Mrs.
Schmitt, are the daughters of William
Kahn, who died in 1868, leaving large
estate, including valuable property on
Greenwich and Franklin streets.
No appeal has been taken from the yer.
dict of cents damages in the slander suit.
The Mrs. Schmitt referred to in the fore
going telegram is the wife of j. L. Schmitt
Of the firm of ]. L. Schmitt & Co., stock.
brokers, 6 Merchants Exchange building.
Mrs. Schmitt herself was not to be seen
last night, but her husband stated that the
matter was very complicated. No denial
is made of the claim of a transfer to Mrs.
Schmitt nor that reconveyance would be
made at the proper time.
1t is explained that at the time of the
death of the father (William Kain) in 1868
the daughters were very young, and that
they made trust deed to their mother.
which was forgotten or not entirely under
stood by them. Upon the death of their
mother in 1890 the property was devised
by will to the children. Later on, when a
suit against the Manhattan Elevated Rail-
road was instituted for damages to the
property involved, their attorneys discov-
cred this trust deed, and have raised a
question as to the rightful ownership.
Mrs. Robinson's conveyance to her sister
was prior to this, and now Mrs. Schmitt,
upon advice of her attorney, wishes to
have the question settled by the courts be-
fore any transfers are again made, claim
ing that any action now might tend to
greatly complicate matters.