The record-union., 1899-03-22
JOHN OSCHWALD'S ESTATE.
JUDGE HUGHES REFUSES TO
DISTURB IT.
Judgment for Plaintiff In the Case
of Caroline Camenzind Against
John Kampfen.


Caroline Camenzind against John
Kampfen, in which he gives Judgment
for the defendant. The action was for
the recovery of a portion Of the estate
of the late John Oschwald, which the
plaintiff claimed was due her by virtue
OF certain promises alleged to have been
made by the decedent The trial was
a long one and the matters at issue
We're stubbornly contested. Following
is the full text:
JUDGE HUGHES DECISION.
In the Superior Court of the State OF
California, in and for the county of
Saeramento-Carolin Camenzind VS..
John Kampfen.
This is a suit in equity to establlsh
a trust in certain real property, and In
a mortgage upon certain other real
property, all situated in the city of
Sacramento, State of California.
The plaintiff is a daughter of the late
John Oschwald. Plaintiffs mother died
when the former was quite young, and
thereafter and in the year 1913 her
father intermarried with Mary j.
Horstkamper. At the date or TINS
marriage John Oschwald was the
owner of the south half of the east half
and the south quarter of the north half
of lot No. 5, in the block bounded by
and j, Eighth and Ninth streets, OF
said city of Sacramento, the title to
which property is involved in this htl-
cation He also owned lot No. 4, In
the block bounded by M and N, Eighth
and Ninth streets, in said Sacramento
City.
Mary il Horstkamper, at the date or
said marriage with John Oschwald, was
possessed of about $1,000 in cash, which
she gave, to her husband, and which
he employed in the management anu
conduct of his business. OschWald SUD-
sequently executed a mortgage IN MS
wife's favor, to secure the repayment
of this advancement OF $3,5U0, upon the
property situated at Ninth and M
streets, and on the 18th day Of March,
1889, said John Oschwald conveyed said
Ninth and NJ street property to his
wife and to- the plaintiff in equal, un-
divided moieties; and his wife, on the
same day. satisfied of record the said
mortgage for So. 500 held by her against
said property On even date with the
execution and delivery of the deed last
named. Oschwald and his wife each ex-
ecuted wills by the terms of which
each beuueathed all of his or her prop
erty. respectively, as follows: An un-
divided one-half to the other for lie,
with a remainder in fee, and the other
half over to the plaintiff.
On the 23d day of February, 1880,
the plaintiff intermarried with one
Ferdinand Camenzind, who, it appears
from the evidence was addicted to eX-
cessive indulgence in Intoxicating nq-
uors. and neither frugal in his habits
nor possessed of ability or capacity for
the requirement or preservation Oh
property. It also appears from the testi-
mony that both John Oschwald and ms
wife represented to the plaintlH thal
her husband was liable to squander her
property. and that her father Worrled
over the situation.
At any rate. Mrs. Oschwald and the
plaintiff reconveyed to John Oschwald
the said property situated at Ninth ana
M streets. on September 2, 1890 ana
four days later, to wit, on the otn DAY
of September, 1890, said John Osch-.
wald made, executed and delivered TO
his wife, upon the same property
mortgage in the sum of S6,OOO Jonn
Oschwald died December q, 1881, ana
his said will of March IL, 1889, was
admitted to probate in this court as ms
last will and testament, and letters OIL
administration with will annexed were
regularly issued to one II. j. Goethe.
1t will be. remembered that, by the
terms of this will, John Oschwald gave
to his wife for life an undivided half
of all the property of which ne dled
seized, with remainder in fee In sald
half. and the remaining half of his
said estate over to his daughter, the
plaintiff in this suit The entire estate
s +1,0 coid r1rOnPrtl6S Sltu-
ated at Ninth and ] streets, and the
said nroperty situated at Ninth and NJ
streets
It satisfactorily appears from the
Testimony that. at the date of the death
of her father and at all times there
after until the 18th day of June 1872
the plaintiff was without ready means,
and was. at all of said times, endeavor-
ing to make such an adjustment OF
her interests in her fathers estate as
would put in her hands means for I'M
mediate use Her efforts in this behalf
eliminated in an agreement between
herself and her said stepmother, by the
terms of which the plaintiff should nave
the property at Ninth and M streets,
clear of incumbrance, and Mrs. Osch-
wald should have the property at Nlnth
and J streets. subject to the debts OF
the estate of John Oschwald, deceased
On the 18th day Of June, 1892, this
arrangement was perfected by the ex-
ecution and delivery of deeds by the
parties. one to the other. That IS 10
saw. Mrs. Oschwald satisfied the mort
gage which she held on the property
at Ninth and NJ streets, and at the