The Savannah morning news., 1900-10-11

MRS. ANNE e. CHAMPION ASKS THAT
ONE nv GRANTED.

- The Defendant An suit Win
an Interest All IT, own-His Mother
Ask for Judgment Against Him
Tor About 80. 7OO--she Also wants
Deed Executed bs Her, on Ac-
count Of Representations Made by
Him, Cancelled and Declared NuIi
and Nofd-NeNer Knew she Was
Making Him "A Gift.
Mrs Anne C. Champion. widow and
sole deyisee and leEatee under the viii
Of the late Francis j champion nled an
application for temporary restraining
order ard temporary and permanent iu-
junction and for other ana further eault-
able relief. against her son. Carlton q.
Champion. IN the Superior Court yester-
DAY
The petition contains avermcnts Of
muen interest and of a character decided
ly unusual The application for equitable
relief Is based upon incidents connected
with the administration u the estate Of
the elder Champion 81 which the defend
ant Was made the sole executor under
tho terms o. the win. ana of Mr.. cham
NNAN Ntttlt 1Hat tHtdAes WHEN tAt Af7
PENDANT controlled ana managed
Francis Champion died on Sept 70
1877. leaving Nln which made his widow
tho sole devised ana leRatee ~ bic estate.
ana BIS son. the defendant tn the pending
ease the sole executor Under the terms
90 toe WITH the executor was not 90 be- re-
quired 20 make returns 10 the Court Of
Ordinary or 10 account to any official or
tribunal for the faithful execution o. the
trust.
II Is alleged in tho petition that the
estate consisted Of certain property In
Southvills which IS described by metes
and bounds. of the value Of about SIS. Co.
aud Of deeds 90 secure debt and other se-
cured claims. representing "a value Or
N7o4 What. II any. other property belong
- 60 the estate. the petitioner is not adj
yised.
The defendant a. the same time acted
as the agent Of his mother IN the man
agemeut - her Individual property. and
81 rs charged that there came into his
hands from this source "a total OF s. .32l o.
Then the petition continues:
During November ~ the year 1897 0he
said Francis J. Championl. the husband OF
your petitioner. having died during Sep
tember Of the same year. your petitioner
came 10 savannah IN response 10 urgent
letters and a telegram from her SON. the
said Carlton G. Champion and stayed
az his house that winter Your petitioner
trusted impucry In her said son and had
entire confidence IN hlrn. She had shortly
before been hereaved % her husband. and
WAS in deep affection and was a woman
Of more than 6 years of age. and entire
~ dependent upon her sons advice. She
WIS ignorant OF the status Of her hus-
80
that e WA necessary for her 10 sign GER
tain papcrs 90 put the affairs OF her bus
band IN shape 10 be administered upon By
him. That acting under his advice she
signed paper. which she has lately
been advised was deed from her TO her
said son. IN consideration Of natural love
and affection. for all the property de-
scrihed iu the second paragraph OF this
petition as the smifhville property said
property being valued at about Sg5.o00 Said
deed was dated Nov. 90 1897. and Is re-
corded IN the records Of the Superior
Court Of Chatham county. IA Book Of
Deeds " ST. That when petitioner sign
cd sand paper she was ignorant o. the fact
thar she was making a gift 70 her son OF
this valuable property. and had NO inten-
ton Of making him gift OF said proper
tv nor did her said son explain TO her
hat she was 50 doing. but upon the con-
trary concealed from her the nature OF
her act and deceived her into believing
that she WAS signing said paper for the
purpose Of enabling him 10 administer up
on hcr husbands estate. Of which be- was
the constituted executor under her hus-
bands win"
This property 81 Is charged. was after
wards conveyed 20 the Germania Bank 10
secure loan OF sl50p0 IN March. 1875
the defendant induced her to convey deeds
20 secure debt 60 other property. upon the
assurance that it was necessary 40 the
administration OF the estate. and upon an
alleged cons deratlon of Ni0o or this con
s.drratian. reclted In the conveyance. Mrs
Champion declares she has never reeeiv-
ed = cent
The petition continues Your petitioner
has asked an accounting Of the said Carl
ton G. Champion. a. executor OF the cs-
tate Of Francis ) Champion and Of her
individual moneys coming into his hands
and he has submitted an account. .
Although II viii hereafter ap-
pear that the said Carlton g. Champion
received at tho death 81 her husband as
sets 81 his estate valued at upwards Of
$40 90 and has received Ss.22i. as 81 your pc
titioner's individual money. and during
this period u time has paid 20 her a total
of only 81 60S -. vet the said account would
make b appear that your petitioner is
now Indebted 20 the said Carlton G.. cham
| plon ia the sum 81 81 6g7.So'
IL is charged that the defendant had
used she individual property Of his mother
| for the payment Of The debts ana expenses
of his fathers estate and has so confused
I the Two accounts that their separation IS
/ difficult Furthermore % Is charged that
/ the account submitted Is grossly incot-
rect Upon proper accounting. IL is
! claimed. tho defendant is indebted 10 his
I mother upon her individual account, On
4 the sum or t67i46G
II Is alleged that the defendant Is In
solvent never having been provided With
I any visible means 81 support. and that
/ for this reason. as we'll as on account OF
/ his previous dealings with the property,
I the court is asked TO appoint a receiver
I 10 prevent as further waste and dcstruc-
I tiou.
/ d, Is further asked that che deed FOR
/ the Smithvile property executed by her
/ under a total Misrepresentation Of its pur-
/ port and effect and signed by reason Of
/ the statements made 90 her hy her son
/ be delivered up ana cancelled and declared
| NUN and void and that the defendant be re-
/ quircd 10 make restitution Of the lands and
I moneys accruing 10 him through the con-
vcyance OF the deeds 20 secure debt. This
I relief is asked in addition 20 a judgment
I for S6.7i466 which is alleged to bee due
I che plaiuttm by the defendant on her in
dividual account.
I The Germanla Bank Is made "A party 90
/ the suit. solely because tho legal title
I TO the smithvi.lo ana other property "a