The San Francisco call., 1898-12-11
HE WILL NOT
 GIVE UP THE
 WEDDING DOT Harold Courtenay on.
 Record. FRANCIS CUTTINGS SUIT SEEKS AN ACCOUNTING WITH HIS SON-IN- LAW. Ayers He Has Expended Fortune on His Insane Daughter and
 Now He Seeks to
 Recover.
SEEKS AN ACCOUNTING WITH
 HIS SON-IN-LAW.

While Isabella S. Courtenay, daughter of Francis Cutting, the millionaire packer wanders aimlessly through her rooms in New York, mental wreck, under the watchful eye of woman who claims to be her legally appointed guardian, Mary N. Patterson, her father and her husband, Harold Courtenay, are occupying many of the passing hours preparing to battle in court for the estate of the unfortunate young woman that was placed in her hands when she became a bride. Not many weeks ago Francis Cutting made appearance as plaintiff in an action, in which his daughter, her husband and Mary N. Patterson appeared as defend- ants. In the action he asked that re- ceiver be appointed to take possession of the estate named, which consists of stock in an Arizona railroad company; that the court determine how much of the stock still remained in his hands, and that the proceeds from the estate be applied to the payment of a claim he held against the defendants for the sum of $17 300, for moneys expended on behalf of his daugh- ter over and above the income of the stock in question.
 Harold Courtenay was married to the plaintiffs daughter in New York on De- cember 31, 1S91 On the day of the we'd
 
 his daughter and son-in-law, set aside for their benefit the stock mentioned by the following instrument:
 Whereas, marriage has been arranged and is about to be had between my daughter Isa- bella $. Cutting and Harold Courtenay, and whereas, l am desirous of making provision for her support and for the support of her hus- oaHd ana abarsfo amy amiIy they may a nave of city of San Francisco, State of California, do hereby certify and declare that I hold in my r(cs Cin, oy161 how fIA fn, tIa of my said daughter, Isabella s. Cutting, fifty bonds of the Maricopa and Phoenix Railroad of the income and interest thereof I undertake and promise to pay the sum of S2500 per annum in equal monthly payments. to her, my said daughter, her husband and their family. so long as my said daughter and said Harold Courtenay, If married, shall live in amicable relations with each other reserve in myself the power and right from time to time, in my discretion, to substitute any other bonds or sureties of the par value of $50000 in place terest therefrom, to the amount of s25O0 per annum, l undertake and agree to pay and ap- ply as hereinbefore stated.
 In case of the death of my daughter I under take to deliver to her executor administra- tor such bonds and securities as shall at such time have set apart for the purpose herein declared.
 The income guaranteed by the then contented father of the bride was paid from month to month without demur Finally Courtenay ceased to live with hh wife, Her father was informed that her mind was becoming clouded, and that she had been placed in care of competent phy- and with the income from it cared for his unfortunate wife Finally she was placed in the care of Mary N. Patterson and not long since MT. Cutting complained of the drain upon his purse. Although the in come of his daughter and son-in-law was not small, he ayers that at the direcuon of the Patterson woman he paid out on behalf of his daughter the sum of s17, 800 Then came a time when he saw fit to put an end to the drain, and he began suit as above stated to recover for the amounts expended.
 Yesterday Courtenay filed his answer in the Superior Court to the complaint of his father-in-law. Contrary to the pro- visions of the instrument by which Cut ting guaranteed his children the annual income of $2500, Courtenay admits that he Is not living with his wife, but defends is not mentally competent, is unable to care for herself, her business or the busi- ness of others. Just a week after their marriage, Courtenay alleges, his wife's mind began to fail, and he placed her in the Home for the Feeble Minded As she did not improve he took her from the in- stitution and placed her in the care of Mary N. Patterson, in hopes that her care, treatment and attention would re- store his wife's reason. As to the alle- gation that since that time Cutting has paid out $17,500 on behalf of his wife he states that he has no information on the subject, and as a matter of law denies it.. In conclusion, like the plaintiff, he asks nat receiver be appointed and an accounting had. but in opposition to the prayer set forth in Cuttings complaint he asks that the court direct the receiver to pay. him personally the income from the railroad stock, instead of applying it to the alleged account held by Cutting. as he ayers that by virtue of the agreement he is still entitled to the income as the unfortunate condition of his wife has not invalidated the instrument conferring the marriage dotal