The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-12-22
MRS. sTUTzMAN's PROPERTY.
Alleges That Her Children Didn't
Divide Fairly.

Mrs Catherine Stutzman has begun an ac-
tion in the district court against her step
children. of whom Aid StutZman Is one to
compel an accounting concerning certain real
property in North Dakota, which Mrs Stutz-
man alleges, she has been defrauded OF by
the children named. The defendants are JO-
seph Stutzman, w. Louis Stutzman, who, so
the complaint alleges, is the plaintiffs own
SON; William f. Stutzman (the alderman
August Stutzman, Caroline Frlebald and
Mary Triebald.
According to the complaint. Mrs. stutz-
man Is the widow OF Jacob Stutzman ST.. who
died in Washington county, Minnesota, on
Feb. u, 1884. Mr.. Stutzman left an estate
In Minnesota exceeding goo in value. It
Is further alleged that he also died pos
sessed Of 800 acres OF land in Barnes county
North Dakota, and that in the month OF
June, 1884, Jacob Stutzman Jr. was appointed
by the probate court OF Barnes county as ad-
ministrator of the estate situated in that
county.
Continuing. Mrs. Stutzman alleges in her
complaint that Jacob Stutzman Jr.. in his
petition to the probate court of Barnes coun-
ty for a distribution of the estate, falsely
represented to the court that the only sur
viving next OF kin OF the deceased were the
defendants named and that in consequence
Of such false and fraudulent representation
the probate court ordered final decree based
on such petition, which excluded her from
the one-third share Of the property to which
she was entitled under the laws of North
Dakota, as well as the territory of Dakota,
at the time of the death OF her husband.
MIS-. StuJZndu declares Llat the TACT that
she had been excluded from any interest
in the property was concealed from her. She
says she is an old woman, unable to write or
read the English language. She further
charges that the administrator, Jacob StutZ-
man Jr., from time to time rendered her his
accounts Of the disbursements and expenses
Of administration Of the estate. and that she.
believing that one-thIrd of the property was
vested in her, paid her share of all charges.
taxes, accounts, etc, submitted to her.
Mrs. stutzman alleges that all the defend
ants save Louis StutZman are the children
OF a former wife Of Jacob Stutzman Sr., but
that she, the plaintiff. nourished and cared
for these children during their tender years.
as though they were her own and placed great
confidence in them, having suspicion OF
any purpose or intention on their part to
defraud her of her property.
In conclusion the complaint alleges that
on April 1G, 1892 the defendants sold the
Soon afterward Mrs. Stutzman learned Of the
sale and demanded that one-third OF the
demand Mrs. Stutzman declares, was met
by the defendants with the reply that under
the laws of North Dakota she had no right
or title to the property and that Il was
not, nor ever had been, in her name.
Mrs. Stutzman says she is willing to confirm
the sale if she is paid her share OF the pur-
chase money. $500 Otherwise she asks the
court to compel an accounting on the part OF
the defendants.
Aid. w. f. Stutzman seen last evening
in relation to the suit, said 1t was instigated
by Louis Stu.zman. a son OF his stepmother
The question at issue. he said. an old
one and would probably be settled without
going to trial. His father died in 1884 and
left no will. Among the property was 800
acres in North Dakota. Letters testamentary
were issued to Jacob Stutzman, the eldest
son Of the family When the final division
of the estate was made his stepmother called
attention to the fact that she was not in
cluded in the distribution as to the property
in North Dakota. The attention Of the attor-
ney, who drew up the papers in Dakota, and
also the judge of probate was called to the
matter, and It was decided 10 settle the mat
ter when the estate was distributed in Min
nesota rather than go to so much trouble in
Dakota. Consequently when the estate was
divided in Minnesota his stepmOther was al
lowed 1925 in addition to her share On ac-
count of the value Of the Dakota land, which
she did not participate in. This. Mr. Stutz-
man said, was all there was to the case.