The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1896-05-01
WANTS Her GIFT BACK
Mrs. Knack's Suit Against
Ex- -Assemblyman Usher
and His Wife.
THOUGHT THE DEEDS WERE WILLS
Defendants Claim That the Old
Lady is Under the Control Of
an Aged Suitor.

Vice-Chancellor Stevens heard this morn
ing in the Court of Chancery the case of
Knack VS.. Usher. The suit is brought by
Mrs. Maria D. Knack of West Hoboken
against Annie Usher and ex-Assemblyman
James Usher, her HUSBAND to- recover.
property in West Hoboken 9alhed at
$4,000 From the pleadings ii appears thai
Mrs. Usher, who is the daughter of the
late DR.. Herman Allrberg, was left an
orphan in 1866 at the age Of four years.
Charles Knack and his wife, who were
well to do, We're childlees, and having
oeen intimately acquainted with DIR.
Ahrberg they adopted Annie. Sne lived
with them and was known as much by
the name of Annie Krack as she was by
her own proper name. She was apparently
treated by uhe aged couple as their own
daughter, and most of the neighpors who
mad never known DR.: Ahrberg thought
that she was their child. Mr.. Knack died
WIFE. In the following December, accord
ing TO the bill filed BY Mrs. Knack, Annie.
asked her what sne was going 70 do
do for her. About the same time DR.. Sam
uel Helfer of Hoboken. who was the
knaeks' family physician, recommended
to Mrs. Knack that she make sonle pro-
went to lawyers office with the inten-
tion she said, of making a will in which
annie was TO receive at her death a piece
Husnboldt street. At that time she signed
a paper which she thought was a will.
Ihree subsequent times at the request OF
Mr.. and Mrs. Usher the bill alleges Mrs
knack signed other papers which she un-
derstood were wills. She acknowledged
these papers before lawyers OF sach
standing at the Bar as Frederick Franz
bach, John IMabon and William S. Stuhr.
none of whom would have allowed her
70 sign document other than what she
that her nephew. the bill says, told her
that he had seen in the newspapers a no.
tlce that she had given to Mrs. Usher
some property. Mrs. Knack then sent for
Mrs Usher and asked her hous thst ~ z,as
and she says that Mrs. Usher told her
that 1t was not true, it was a will she had
signed and not deed.
Mrs. knack says thas shes thought no
more about the subject until last summer
when one of Mrs. Usher's children diel
ana Mrs: Usher asked that it be buried in
the knack family vault. Mrs. Knack says
she replied that she stin had some doubts
ABOUT the papers she had signed, and If
MRS, Usher would sign paper relin-
property not only her child but she her
selI might be buried in the vault Mrs
Usher she says refused.
Soon after that Mrs. Knack wanted IN
sell one OF her lots on Bergenline ave-
nue. and Humboldt street, and she was
told by the man who searched the pro-
perry that it stood in Annie Usher's name.
Mrs. knack, then consulted counsel and
John McMaster made a thorough search
arg ails found nS tfat Mrs Knaek had transfer
=
flled her bill TO have the deeds set aside
claiming that they were obtained unier
false pretenses.
In the answer filed by the defendants
Mrs. Usher admits the fact of her adop-
tlon, and says that while living with Mr.
and Mrs. knack she earned money which
was appropriated by them and which Wa !
used in the construction of the buildings
which are upon the property in dispute.
Mt knack, who was always fond of her,
often declared that she should receive one
lot absolutely. at his death and rhe resi-
81 the property at the death of, his wife.
He wanted to change his will to that ef-
feet, the answer says but died before he
could. Mrs. Knacks was acquainted VIZ
this desire of her husband, and her OBJ
1ect in making the deeds was to carry out
tnat desire, and so avoid any litigation
what might follow her demise IN case
allegations Of fraud and false pretences.
and claims that Mrs. Knack knew per-
fectly well at the time what she was do
ing. She has lately became feeble, and
who have prejudiced her against Mr. and
Mrs; Usher. After the pleading had been
lead, Mrs Knack took the stand She is
nervous little woman, and looks the rs
years she says she is.
She told the story of the various trips
she has made to the lawyers office. She
testified that she never made viii in
Counsellor Mabon's office, and yet Gilbert
Collins. who with Charles Black appeared
fer Mr.. Usher, produced the will the sig
nature to which she acknowledged as
hers.
The proceedings were frequently inter
rupted by an old white haired man with
a long white beard, looking. not unlike
ing with the witness in German. The de-
fense say that he proposes to marry Mrs.
Knack, and has had much to do in having
her bring the suit. The case was on al