Twice-a-week plain dealer. (Cresco, Howard County, Iowa) 1895-1913, 1897-09-24
DAUbNEY VERSUS DAUBNEY.
The sworn Petition of Charlotte Daubney
Plaintiff, filed in the Clerks office,
and given in full below.

ed the quantity of morphine administered to said
testator; and during said month there was but q
small portion of the time when said testator was
not untitled by the use of said drug to transact
business intelligently, and the balance Of the
time said testator was untitled to transact BUSH
ness with his usual intelligence.
Par. 5.-That the defendant, F w Daubney, the
said testators' physician as aforesaid, and the de-
PENDANT W Daubney are brothers, and both
were nephews of said testator; both knew of the
physical condition of thesaid testator during the
period aforesaid and that he could never recover
from the disease from which the said testator
was suffering, and also knew of the existence OF
the said testator's said last will and testament
and they entered into a conspiracy with each 9TH
er to defeat the provisions of the said last will
and testament and to secure to themselves the
larger portion of the property owned by said tes-
tator, and as part of said conspiracy they were
both. in substance, to play the part of affection
ate nephews; and w Daubney, defendant, was
to exercise the additional influence acquired by
him as his said uncle's, the said testators, ply
stefan; they were each as far as possible to pre-
iudce the mind of said testator against the plain
tiff and her family, and induce the said testatcr
to believe that plaintiff was unfit and incapable
of taking charge of the property he said testator
family in substance were set of leeches, and
that they would get all the property devised to
plaintiff as aforesaid from her and in plaintiffs
old age she would come to want; and that they
would see to it that plaintiff should never come
to want. And the defendants falsely, wrongfully,
Professionally, and fraudulently, and secretly car
ried the conspiracy aforesaid into effect, and
wrongfully misled the said testator in regard to
said matters. and induced him, said testator, to
believe said statements, and keep the same Be-
cret that it might not be discovered by his family
and friends what they, the said conspirators,
were up to.
Par. 6-All the property owned by said testa-
tor, for, to-wt. at all times for seven months
prior to his decease. and at his decease afore-
consisted Of notes and securities of the value
of, and not to exceed towt: S11 600. His real es-
tate had all been sold prior to that He also owned
$1,000 of stock in the defunct Sault Ste Marie
National Bank, of Sault Ste. Marie, in the State
of Michigan, which had never paid any dividends
since 1891, and upon which there had been an as
sessment of 80 per cent. by the Comptroller of the
Currency of the United States, and upon which
there is danger that further assessment may be
made by the said Comptroller; said stock has no
value whatever. There were some articles of
household furniture and some other personally,
of no great value. This is all the property the
said testator owned within the time aforesaid.
Par. 7.-Included in the property mentioned
and described in Par. hereof as being owned by
said testator. was the following: certificate OF
deposit executed by the First State Bank of Elk
ton, in South Dakota. for $1,000, dated on OF
about February Is, 1896. and payable to the order
of said testator; also note for $1,000, executed
by Jacob Zuckmeyer and one Charles Trzcinski
payable to order of said testator in two years after
date and dated on about April LIST, 1896; also
:, real estate mortgage and the notes therein des
cribed consisting of ten notes of $500 EACH sale
{ mortgage was upon certain lands situate in thu
8 County of olumbia, in the State of Wisconsin
= and was with the notes executed to one David
Graham, and were by him assigned to one j
: Rollins, and assigned by him to George @ Gard
|, ner. and by him assigned to the said testator
!; Plaintiff is unable at this tune to give any NOR
particular description of the above described Sc
t curities, as defendants have them in their pos
n session.
9 Par. 8.-The said testator for year or NOR
o previous to his deceass had box in the Winnie
d sheik County Bank Safety Vault in DEBORAH, il
o the State of Iowa, which was numbered q, il
which he, the said testator kept all his notes
a securities, and among others all the securities
IS notes. etc., described in Par. hereof. Their
% were two keys to the said safety box, one c
% which was kept by plaintiff, or to which she ha
O. access at all times, and the other was kept b
Q. said testator. The said defendant, + W Daubne.
as in pursuance of the conspiracy entered into wit
,s his brother, J w Danbney, defendant, set fort
c. in Par. hereof, induced the said testator to IL
s. him have one of the said keys 30 that he migt
re get at the papers and collect the accruing int
10 est for said testator his notes and securiti
kept as aforesaid in said safety vault, which h
ne the said testator on account of his illness afor
g. said was unable to do and relieve the plainti