The herald., 1896-03-29
THE DOWNEY LITIGATION
ANOTHER ATTEMPT MADE TO OPEN UP
THE MATTER
Suit Filled Against the Administrator by the
duirado Heirs for One-ftaIf the Property.
Bunch Of Supreme Court Opinions Re-
ceived for Fiiing-Court Notes

The litigation over the John G.. Downey
estate appears to be in a fair way of being
opened up afresh. Esther Guirado and Vi
cent? Guirado, j. T. Guirado and Alonzo
Guirado, by Esther Guirado, their guardian
nd Item, have instituted suit against j.
Downey Harvey, administrator with the
the will annexed of the estate of John G.
Downey, deceased, Winefride Martin,
Eleanor Martin, Annie Donahue and }.
Downey Harvey, to recover an undivided
one-eighth of the estate, real, personal and
mixed, of the said1J ohm q. Downey. de-
ceased, or for the value thereof. Sl75, US
%. or for the reconveyance to them of the
property conveyed by said j. F. Guirado to
John G.. Downey. The plaintiffs aliege that
the said ]. G. Downey married Maria }.
Guirady, with whom he lived as his wife
until the both of January, 1888, when she
died, leaving no children, but four broth
ers, who are her heirs at law, as follows:
X. c. Leandro, Bernardo and Frank CUR.
ado, the latter now deceased. The said
Frank Guirado left him surviving Esther
Guirado, his widow, and Vicente, j. +. and
Alonzo Guirado, children of said Frank
and Esther Guirado. After the death of
his wife, it is alleged that Downey. desiring
to handle all OF his property without let or
hindrance, secured quit claim deed to all
their respective interests from the heirs of
his wife, promising in consideration that he
would provide for the said heirs by his will
thereafter to be made. In pursuance of
this agreement, it is alleged that Downey
executed the following written agreement:
Los ANGELES, Sept. II, 1883.
l agree to leave in my will one-half of
my estate to the heirs of my wire.
Maria j. Downey. now deceaoed,
which l admit and Acknowledges
to be one-half of my estate, and,
upon my death, wheE this paper is shown
70 my executor, he is authorized and di-
rected to make q deed of one-half OF my
estate to my wife's said heirs. The deeds
heretofore made by said heirs, or any of
them, are to be of no validity against them
sitter my death.
JOHN G. DOwNEY.
This contract, it 10 alleged, remained in
the possession of r. c. Guirado until about
the l ct Of January, 1898, when it was lost,
and that notwithstanding said agreement.
Downey died, leaving the said promise and
agreement wholly unsatisfied, and that al
tho rgh demand has been made, the admin
istrator has refused to execute the deed as
claimed. Hence suit was instituted to en-
force the said contract.
The filing of this suit opens up case
that has been stubbornly contested in the
courts, and may lead to some awkward
complications. Only q short time ago 1t
was decided in the United States court
against the Guirado heirs, and Judge Well.
that the copy Of the alleged contract pre-
sented was evidently fraud, and perpet-
ually enjoined the Guirado heirs from fur
Their prosecuting their claim in any court
In the state.
Just what effect the filing of this new
suit will have. in the face of the order of
the federal court, remains to be seen.