The San Francisco call., 1899-12-03

with having entered into conspiracy 10
retain all Of the assets of the estate and
the income for their use and benefit, to
the exclusion of the opponents Of the or
der for distribution, who claim to be le-
gally entitled 10 one-third thereof as the
purchasers and successors in interest un-
der the foreclosure of a mortgage which
is the center of litigation.
A tangled story of transfer of interests
is told in the pleading. Leah A. Potter,
Mary Kelly, f. L. Fish, Simon Blum and
George Riley appear as opponents 10 the
petition for distribution. In opening their
case they set forth that deceased left 37S
acres in Contra Costa County and piece
OF land wrested from the Alvarado estate
after considerable litigation. When David
Goodale died he left no will and one-third
OF his property went to his widow, two
thirds 10 his children. Subsequently Mrs.
Goodale married o. c. Stouder, and on
April 3. 1885, wishing TO raise funds she
mortgaged her undivided one-thrd inter-
est in her deceased husbands estate TO
Maria A. Riley. The mortgagee died, and
in her Will named l.. G. Welenmyer exc
cutor of her estate. He commenced an
action 10 foreclose the mortgage against
Mrs. Stouder, Joining George II. Scam
mon, administrator of the estate Of O. c.
Stouder, who died in 1889 and Judson
Cotton, assignee in insolvency of Mrs.
Stouder. who had failed for S44 900 as
of foreclosure was awarded by the court
and the property ordered sold. During
the sale S5l45 SO was bid for the property
by Thomas, Mary, John and Jane Kelley,
Elizabeth Beardslee, Josephine Kelley
and George Riley. Thomas Kelley imme-
diately conveyed his interest for val
Simon Blum. John Kelley sold his inter-
est TO Leah A. Potter. and Josephine Kel-
ley, now deceased, conveyed her share TO
Elizabeth Beardslee. Since that time all
Hl,.. fV.sa h.r~ hoo 1
reconveyed until small army Of Con-
ira Costa citizens have hold on the
estate.
From the facts of the transfers of the
charges. First, they ask that the ac-
count of the Administrative be disal-
lowed in toto. In this account claims for
family allowance and school bills, togeth-
er with the claim of James Camp. aggre-
eating s3507 so. are contested on the
ground that they are "sham" expenses
purpose of furthering the conspiracy
complained of. The conspiracy had its
origin, they allege. at the time of filing
OF a suit against the eXecutrix by her
father. ]. w. Bachelor, who claimed
that She had illegally gained possession
of certain holdings included in her inter
est in the estate Of her deceased first hus-
band. Judgment was rendered in his
favor they alleged with the consent of
the defendant, I'm order to prevent the
sale of the distributive interests under
the decree of foreclosure. Later, they al
lege, in order TO further defeat them.
Mrs. Stouder petitioned for n homestead
on the piece of property on which she
was living, which was included in the
mortgaged property. To further comph-
cate matters the San Francisco and San
JOAQUIN Railway Company condemned a
portion of the property for its line, and
This has passed to other parties since
that time In conclusion they pray that
the petition for distribution be denied
that Mrs. Stouder be compelled to pay
them S611 81 for taxes on the property
under the mortgage: that she be charged
with 1920 paid her father under the judg-
ment, with s4O0 paid her attorney, and
that her entire account of $l4.5l0 be dis
allowed and charged as a valid claim
against her on the ground that the va
rious items thereon were Illegally paid.