Twice-a-week plain dealer. (Cresco, Howard County, Iowa) 1895-1913, 1897-09-24


curities described in Par. hereof were in the
possession of the defendant W Daubney. who
had taken the same from said box and who made
several contradictory statements, in substance,
that he held the same in order to protect plain
tiff from want, to collect the interest and see
that she was provided for, aud similar statements
with variations to others which plaintiff is I'M
able to state more definitely at this time After
wards, when pressed, the said defendants falsely
claimed that the said testator had given them to
the defendants and endorsed the certificate of de-
post payable to the order of f w Daubney, and
also that he had endorsed the said Zuckmeyer
and Trzcinski note in the same manner, and had
made written assignment of said Wisconsin
mortgage and the 10 notes secured thereby to the
defendant, F W Daubney.
Par. 9.-Plaintiff AYERS that none of the secur-
tiles described in Par. hereof, viz: the certif-
cate of deposit, the Zuckmeyer and Trzcinski
note and the Wisconsin mortgage and the 10
notes of $500 each therein described were ever de-
livered as gift or otherwise to the defenda to
nor either of them by the said testator, and the
defendant, F w Daubney, did not procure the
said securities otherwise than secretly and
wrongfully by means of the key aforesaid to box
No q in said safety vault procured by him in
the manner hereinbefore set forth. And the en-
dorsements on the certificate of deposit aforesaid
and the said Zuckmeyer aud Trzcinski note was
neither written nor signed by the said testator,
and the same are forgeries made by either one or
the other of the defendants, both being parties to
it, and as plaintiff is informed and believes after
the death of said testator, and all the foregoing
was done in pursuance of the conspiracy set
forth in Par. 5 hereof.
Par. 1O.-Plaintiff AYERS that shortly before
said testator died and during the last sickness,
he did sign on assignment of the said Wisconsin
mortgage and the notes therein described to the
defendant w Daubney, and at the time he
signed the said assignment he was under the in
fuence of morphine and incapable of knowing
the effect of what he was doing, and was induced
by the said + w Daubney to believe in his then
condition that he was simply providing means
by which the plaintiff might be protected from
coming to want as hereinbefore stated, neither
the said mortgage nor notes were present when
the said assignment was made, and were never
delivered by said testator to the defendants nor
either of them. There appears in the written as
signment an expressed consideration fraudulent
ly caused by defendants to be inserted by the
Scrivener innocently on his part in order to
mislead, and plaintiff AYERS that no considera-
ton whatever was paid for the assignment by de-
PENDANTS or either of them, and defendants false
ly claim it was gift and admit that it was with
out consideration, and that neither of them paid
any consideration for said assignment of said
mortgage and the notes therein described, and
plaintiff AYERS that no consideration of any char
3 acter whatever was ever paid by the defendants
8 or either of them for the pretended assignment
: That at the time said pretended assignment o1
9 said mortgage and notes it was known by the
no tbot thaf otatC xyya
9 nearing his end and would shortly d g and thu
0 pretended assignment was if anything IN un
( completed gift causa mortis and 80 intended b!
, the party to it, if he was capable of any inteli
gent intention in regard to it, and plaintiff aver
that neither the said mortgage the note
d therein described were present when the sait
y pretended assignment was made, and that Meth
f or the said mortgage nor the notes therein des
: cribed were ever at any time delivered by salt
II testator to the defendant F w Daubney nor hi
II co-defendant That the said mortgage and note
d therein described were secretly, wrongfully AM
i, fraudulently taken from the said testator's bo
IT in the aforesaid safety vault by the defendant
a w Daubney by means of the key procured by sal
g. defendant as hereinbefore mentioned with linton
to defraud the estate of said testator and plain
le tiff and falsely caused it to be believed that tn
a, same had been delivered to him by the said ties
G tator in his lifetime a gift. And plaintli
C AYERS that the said pretended assignment was c
l. atestamentary character, not executed by sal
r. testator, proved and certified with the formal
re ties required by law in the of wills and is
O. nullity. And that when the said assignment wa
s. executed by said testator his mental conditio
was such that he could have had and had no pc
re ception of the legal effect of what he was doing
O. Par II That after the decease of said testatt
in as aforesaid the said $1,000 certificate of depos
in issued By said Elkton Bank. was endorsed
Id each of the defendants and fraudulently by the
IS, transferred for the principal and interest appea
re ing to be due thereon, and division of the pr
of ceeds of said conspiracy was made between ther
ad the def ndants but in what proportion plaint
by is unable at this time to state any further tn.