The Providence news. (Providence [R.I.]) 1891-1906, 1898-05-03
WANTS DEED
SET ASIDE
MI. COStigan Seeks to
Get Back Property.
SISTER -IN-LAW CLAIMS 1T
Mrs. Costigan's Very Big Bill For
Nursing Her Sister.
A TRUST To BE ESTABLISHED.

III ere was nearing In the Appellate
Court yesterday in the two cases Of An
drew CostiSan against Mary y. Cos igap.
WHOA we're controversies between "a man
ana bis deceased wifes sister. Iho CON-
plainnnt 10 one 1ase wan Is u reconysyance
OF homestead On Power street conveyed
by him To the RESPONDENT In January, 1896,
when wes k IN bocy ana DISTRESSED IN
mind, AS no says, anu the enforcement OF
"a dt tclaration af trust The Ioint in tho
secoDa bill is 10 have resulting trust
deolsrea In regard To small strip If land
that Mr. Costigan peid for but took the
deed of In his wife's name. whioa strip
Alrs Jostigan now claims as the heir OF
her sister. Ipe resionuoD5 claims that
Mr. Costigan owes her $Sy1 70. tie Gale
anu nursing ot his wife nIgnt anu day for
four mouths, ana also for the reLt "a the
house she conveyed TO Ter. Df. Maoney
iesti. ed that Mrs. Costigan, wiie VI tD.
responuent required the mcst constant at
toLtion IN nor i,lnSss, her case bslng an
extremely rare one.
Andrew Costieu restiiieo shat 10 lived
In the house Oh The llDd In dispute and
had hveu there since 1886. mis- wife, at
the time OF tie convey aEce 10 AnTy CUs.i-
gan was so sick ana he 20 weary OF
Watching here that &c feared he would
himself b, laid mp. He thereupon In tear
hat there would Da No one To look oct fer
the property. made conveyance 10 the
respondent, Mary 4. Costigan, who was
his wife's sister. Ibe latter made a de-
elaratlon # uust saying the Conveyance
was without consido, alto Mr.. Costigan
said at the tline Of the conveyance No
owed her notnlnx. having for some time
given her IA home and SIC furtIermo. .
af...s
her anyJning until after no demanded a
re,onveyance OF the pl operty. lno amount
OF her claim she had never stated 10 him.
Once when sue came to his house to live
she was very sick and no benent 10 his
wife Dlt rather "a ninorance to wilt y
care OF his vile In regard to tho nye-
foot strip Of land which stool In his wife 5
name nbS which Mrs. CostiRan, the re-
spondent claiiEsd as the heir or witness
wife, MIR. Iustigan said be nat Furnished
all the money for ths purchase OF it ana
no nevec made gift OF 1t 10 mis- wife.
On cross examination Mr.. Costigan ad-
mitted that early in 1898 lie went for the
respondent at his wlfe's request and the
respondent staiu some time at his home
anu though she rendered aid 10 his wife, s.
rsver gave him good OF pleasant II cal.
Il ie deed OF conveyance ana tne trust dead
W y mouo ab bHo sdIHc tliue, III
15A5. Witness had talked the matter Il
tine conveyance over with the resnolden5
"A couple OF days tefore it was made. Re-
spondent read the declaration of trust be-
ioe sh0 sis ned IL. Mr.. Costigan said that
he had made the conveysnos because sew.
erai of Lis neighbors mad suggested his so
doing.
Mrs. Costigan said that she believed
the house and land we're hers aud this was
the reai on she refused to tell Mr.. COstiRan
how much her claim was Tier sister was
sick and she was to 60 TO the Dospital but
on witness promising TO stay with her tie
going to the hospital MAS "A long time &C.
layed. IRE wife of the CON plainant after
ward fecame insane. Witness never hsd
any conversation with Mr.. Ccstiaan or
his wife about the wages ste was to re-
ceive for nursing her sister.
DIR. Mahoney testified that he assisted
at the operation on MIS-. Costisan. tie
wife OF the complainant, and Ter com.
plaint was such that she. required con-
slant attention day and night and that
the respondent rendered just as good SER
vice as trained nurse could, except in
the takina OF the pulse and temperature.
The doctor had attended the patient atout
Two weeks constantly.