The Providence news. (Providence [R.I.]) 1891-1906, 1897-06-14
OVER A LOT.
Mr.. McNally Files Bill In Ap-
pellate Court.
Wants Claimants to Spruce Street Prop
erty Compelled to Make Conveyance.

James McNally, both in his individual
capacity and as trustee under the will of
John McCusker and Mary McNally, his
wife. has filed a bill in equity against
Mary Jane Conlan and Margaret Conlan,
persons of full age and Hugh Francis,
John and Catherine Ann Conlan, minors
all Of Angler county, Of Tyronne, Ireland,
and Matthew y. Cummings, acting as
next friend OF the minors named. The
prayer OF the bill asks that the respon-
dents who began on Feb 18th, 1895. an
action of trespass and ejcctment against
Mr.. McNaliy as trustee and his.wife Mary
McNally, TO recover possession OF q lot OF
land on Spruce street DO enjoined from
further prosecuting their suit at law, that
the respondents of full age may be COM
PEELED to make q good conveyance to the
petitioners and that said Cummings hold
the interest of the minors In trust for the
complainants.
The history of the trouble over the land
is thus detailed in the bill: The property
on Spruce street belonged originally to
John McCusker, the father of Mrs. Nc
Nally, and was by him decided to Michael
McCusker, his son, there being no con-
sideraton, it is alleged Tor the deed, it
being made for the purpose of encouraging
Michael in thrift and to induce him to
apply his earnings to payment for the
property, and thus acquire ownership with
the view that when Michael was after
ward financially able he should pay for
the land. Michael according TO the bill Of
COMPLAINT never earned money enough
to nay for the lot nor did he ever acquire
the ownership.
After holding the land some time
Michael conveyed the same TO the uncle
of the respondents, Michael Conlan, from
whom the respondents claim title.
Michael McCusker had a wife nc the time
the deed To COnlan was mGds and she did
not release her DOVER and the complain
ants believe that Mr.. Conlan, at the time
Of the transfer, declared q trust in favor
OF Michael McCusk,r. On March 81,
1882, Mr. Conlan died and left will by
which all his real estate was left to his
widow and son. share and share alike,
but providing that should his son die be-
fore the mother then the porperty should
oil go 60 Frank Conlan. the father Of the
respondents. The real estate OF Michael
Coulan was not described in the Will and
he was possessed of other real estate than
that now the subject of controversy.
Ii further represented that on May 10,
1882 Bridget. widow Of Michael Conlan,
and her son. Francis j. Conlan, to
wnom Michael Conlan had left his real
estate made deed Of their interests In tho
Spruce street 10 tho original owner John
McCusker and that there was no consider.
alton given tor this decd which had John
Francis Conlnn, the son. died before his
mother would have in equity vested an
ample title in said John McCusker AZ
ierward the latter decided one individual
half OF the Spruce street lot To Mary Nc
Nally and by his last will left the other
half TO James McNally.
The court directed that notice be sent
by mail, postage prepaid 20 the respond
ents In county Tyrone aud Joseph II. Can
ming. guardian Of the interest OF said
minors. also be notified. J. NJ Ripley
the complaipants