Evening star. [volume] (Washington, D.C.) 1854-1972, 1898-10-01
CONTEST COMMENCED.
Legal Proceedings. Over the Estate Of
Matthias LoSano,


contest has arisen over the estate of
the late Matthias A-oSano, who in his life
time was a well-known merchant tailor of
this city. and who died iatestate. His son
Francisco, who was associated with him in
business. soon at er his fathers death.
filed application to be appointed admins
traitor of the estate. Anna NJ. Downs,
daughter of the deceased, has since then
filed a petition in Probate Court objecting
to the appointment of her brother, declar-
ing that he is not proper person to ad-
minister the estate, and asking that his APP
piication be denied, and some proper per
son be appointed and be directed to bring
suit against Francisco and to have an al
legged dissolution of the partnership exist
ing between him and the deceased investi
gated
Mrs. Downs states that she is the only
daughter and eldest child of the decedent;
that the sole remaining next of kin are
Richard the next eldest, and Francisco C,
the youngest. She declares that Francisco,
by virtue of his dealings with Matthias Lo-
sano during the last three or four years, is
liable and will be required to account to
the decedents estate in large sum.
The deceased took Francisco into part
nership with him as NJ. Losano & Son.
under agreement which, it is alleged,
came into the possession of the said Fran
cisco during the past year and was de-
stroyed by him. 1t is alleged that the
agreement provided that the father should
have first claim against the assets of the
business for the sum of $1,000, and after
the withdrawal of that sum. father and
son were to share equally. The business
| prospered, the annual income being be-
tween 81 900 and $4,000.
The petitioner declares that up to the
time of the death of his wife, November 80,
1893, her father was total ebStainer from
strong drink, but after that he drank to
| excess to the time of his death. not being
in a condition to transact business. She
says further that soon after the formation
of the partnership Francisco commenced
to gain mastering influence over his faith
er, abusing him and gradually obtained
complete control of the business, and it is
alleged manipulated the books and
counts in such manner that his father often
declared that Frank, he called him, had
fixed things that he could not tell any
thing about the business.
That, after the deCedeEt took to drinking,
Francisco at various times declared that
the old man. meaning his father, was crazy,
and that he was going to get rid of him,
and that the petitioner and her brother
Richard would never get anything out of
the business.
1t is alleged also that Francisco at one
time made an effort to dissolve the part
nerShip but found he would have to pay
his father at least the $1,000 mentioned in
the agreement.
He tried to raise the sum, but was unsuc-
| cessfui; that afterward, however, his faith
years, and the effects already set forth be-
came more and more under the influence
| and domination of Francisco, and finally,
| in January, 1891, was persuaded and in
| duced by Francisco, while under the intlu-
| ence of liquor and weakened mentally. to
| sign agreement of dissolution giving the
son all of the property and business, no
mention being made of the $1,000, and the
| only valuable consideration expressed or
| intended being the payment to the father
| of SO a week.
| out of the profits of the business it is
stated that Francisco has purchased
| house costing $500 and supported his
| family.
| The sister alleges that her brother
| stopped the weekly payment to her father
| long before his death: that the father fire.
| quently went to the store after the dissolu-
| ton mentioned and frequently declared
| that Francisco had robbed him. and that
| he going to have the agreement Of
| dissolution set aside and that the petition
| er and her brother Richard should have
| their share Of the business"
Mr.. Lcsano died without taking any steps
| in the matter, however, The petitioner
says she is advised that the agreement is
| void on account of inherent defects and the
| undue influence practiccd. She says that
| Francisco mas been hostile to her and to
| Richard for number of years past.