The San Francisco call., 1898-08-26
CONTROLLED BY FEAR OF DEATH Mrs. Cooks Big Estate Is Saved to the Heirs. SUPREME COURT DECIDES SHE DEEDED EVERYTHING TO HER FRIEND WHEN SICK. Public Administrator Knight Will Control the Property and At
 tend to It's Distri-
 button.
SUPREME COURT DECIDES
SHE DEEDED EVERYTHING TO
 HER FRIEND WHEN SICK.
Oakland Office San Francisco Call.
 Qn2 Rrna A1lQ 05


 908 Broadway, Aug. 25.
 After three years of litigation the Su- preme Court has handed down a decision which finally closes the dispute over a vast amount of property deeded, when in fear of death, by Mrs Cook three years ago to her late husbands partner, MT. Tripp.
 The principle involved in the case, which has twice been to the Supreme Court, Is a very interesting one, 1t establishes a precedent regarding the deeding away of property prior to death for the purpose of preventing nrobate proceedings
 Three years ago Mrs. Cook and her hus- band and MT. and Mrs. Tripp came to this city from Iowa. The husbands had been partners in business and on their retire. ment the two families decided to end their days in California Cook died soon after their arrival, and Mrs. Cook, who had no children and had lived for years apart from her brothers and sisters in the East, confided her business to the Trips. She was suffering from a severe illness and capital operation was declared to be the only hope of saving her life. Fully realiz- ing that the chances were greatly in Ia vor of her death Mrs. Cook sent Tor MT. Tripp and gave him statement setting forth how she wished her estate to be distributed. She then transferred her bank books to him, deeded over property in Oakland, Berkeley and Los angeles, and also transferred mortgages on prop erty in Iowa. In addition to this she gave him a bill of sale upon her household furniture and all other personal effects of which she was possessed. The entire estate thus placed td in s Tpp d oyer hanes ona fourth of which was cash.
 Three days after the operation was per formed Mrs. Cook died. Attorney Fred Whitney, acting for Public Administrator Knight, ascertaining that the deceased had left no will and applied for letters of administration. They were granted and a demand was then made on Trtpp to turn over all the property of the deceased woman in his possession. Tripp replied that there was no property belonging to Mrs. Cooks estate, as 1t had all been appear in court and was forced to tell the whole history of the proceedings. A replevin suit was next brought to recover all the personal property. including the money Tn bank, which had been trans ferred to Tripp's personal account. Judge trator for s11 900 Tripp argued for new trial which Judge Ogden granted The Public Administrator appealed from the order granting the new trial and the Su- preme Court decided against the order, thus. establishing the original Judgment ting the Supreme Court to hear the ar gument for a new trial in bank, and the result was to deny the order and re-es- tablish the original Judgment of Judge Ogden.
 Another suit is now pending to recover evidence in this case is the same as for the personal property and the attorneys declare that the Judgment will De against Tripp, as the Supreme Courts decisfon handed down yesterday, clearly sets forth the law in the case.