The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1896-04-10

the DefendantS=- Substance of the
Allegations in the Complaint=-What
the Defendants Will do Big
Amount Involved.
| Papers were served last evening by
Sheriff Bowen in one of the most i'm
portant suits ever commenced in the
district court from this county. The
plaintiffs are Azelle NJ Smith and
| Florence M. Smith, and Azella f.
Smith as administrative Of the estate
OF Penfield A. Foster, deceased, and
the defendants are Geo. II. Barr, r.
d. Hubbard and Geo. M. Palmer. The,
complaint is lengthy, and is supple
mented by numerous copies of probate
court records and other papers bear
| ing on the case. 1t alleges that Mr..
Foster owned an interest in lands in
Martin, & Yellow Medicine, Redwood,
Jackson and Renville counties, which
he had contract of purchase for from
one Stephen w Rawson. Mr.. Foster
died iDtestate June 29th, 1890. Mr..
Barr was appointed administrator Of
the estate, and on his petition the
probate court made an order to sell
land and kmade warrant to the ap-
praisOrs, whose returns were approved.
On April 9th, 1891, Mr.. Barr sold the
Foster interest and contract for the
land to Messrs. Hubbard and Palmer,
for $685. and the court confirmed
this. All this the Probate court pre-
tended to- do. Messrs. Hubbard and
Palmer took possession and have
since sold large portion of the lands,
at large profit, the amount of the
proceeds being unknown to the
plaintiffs, while the defendants still
have in their possession large por.
tion of the lands. The value of the
Foster interest at the time of the al
legged sale is alleged in the complaint
to be 100000, but Mrs. Smith states
that this is clerical error, and that
it should read $4,000. The plaintiffs
allege that the sum paid was grossly
disproportionate" to the real value Of
the land, which fact being well known
to the defendants.
The plaintiffs allege on information
and belief that the conveyance was
made with fraudulent intent on the
part of the defendants, and that
''they colluded, concerted and con-
spired" in working the sale, to de-
fraud the heirs of Mr.. Foster. They
allege that the time of making the
sale was pufposely and fraudulently
changed from April 23rd, 1891, to
April 9th, to facilitate the fraudulent
purpose and to prevent others from
bidding at the sale.
| For these reasons, the sale is claimed
to be void. That no legal apprais-
ment was even made, as required by
law that no legal petition for license
to sell was made by the administrators;
that no legal or sufficient order of
license authorizing the said sale was
ever made by the probate court, and
no legal report of the alleged sale
ever made, and no legal order made
confirming the sale; that all of the
proceedings concerning the sale were
illegal. irregular, null and void; and
that sale was wrongfully and fraudu-
lently made, with intent to defraud
the heirs and estate of Mr.. Foster.
1t is alleged that Mr. Foster left as
his sole heir his father, A. G. Foster,
who died testate April 18th, 1891,
without disposing of this property;
that he willed all of his property to
his wife, Nancy Foster, and to the
plaintiffs; and that Nancy Foster
died without disposing of the land.
1t is alleged that on April 7th, 1891,
Mr.. Barr resigned as administrator
without having completed the admin
istration of the estate, and that on
May 4th, 1891, letters of administra-
tion were issued to Azella f. Smith,
who is still Administrative.
Therefore the plaintiffs demand
judgment as follows: First, that the
sale be declared null and void. Sec
ond, that Messrs. Hubbard and Pal
mer be requested to recOnvey all of
the lands not yet sold, to the plain
titfs. Third, that they be required
to render an account to the plaintiffs
of all moneys and securities received
by them for lands, with what was
paid out for interest and taxes, and
after deducting the sums so expend-
ed, that the plaintiffs have judgment
for the residue.
Exhibit ga" is a copy of the copy of
the Rawson-Foster contract, dated
May 9th, 1890. Mr.. Rawson agrees to
covey to Mr.. Foster $50 acres of land
in Martin county, 4S0 acres in Vel
low Medicine, 1885 in Redwood, 1852
in Jackson, and 400 acres in Renville