The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1900-11-15

The matter of the guardianship of Aba
gail j. Smith. married woman came
up yesterday in Judge Moore's depart
ment of the superior court. The hearing
was on motion to quash a show cause
order, and the ruling of the court was
that the motion should be overruled as TO
Mrs. Smith but sustained as to her hus-
band.
From the papers in this action 1t ap-
pears that Mrs. Smith, who Is about 6S
years of age, owns property in her own
she was recently married to 4. ID. Smith,
aged about 90. This marriage was
not approved by Mrs. smiths sisters and
brothers and they have instituted action
to prevent the dissipation of her property
The first step in the matter was the nj
ing of a complaint against Mr. and Mrs.
Smith. which was followed by a notice
relating the facts of the marriage and
giving statement of the property In
volved. 1t then charges that Smith mar
red his wife for the express purpose OF
defrauding her and her relatives OF the
property which stood in her name at that
time. 1t was alleged that at the time OF
the marriage Mrs. Smith was and now Is
weak in mind and body, and UNIT to care
for her own interests.
1t IL said that Smith, who was formerly
a blacksmith, has not followed any BUSH
ness since the marriage but is endeavor-
ing to get control of the property. II is
also alleged that he has been partly
successful in this. and has converted real
estate of the value of $4,000 into cash.
The plaintiffs believe that It Is his inten-
ton to use this money for himself.
The plaintiffs also state that they real
lied the weakness of their sister, and at
tempted to visit her, but were ordered
out Of the house by smith. who also
They state that Smith recently sent $500
TO each of the family believing that he
could thus secure their silent acquiescence
to his schemes to defraud.
They state, however. that they could
clearly see what was intended and will not
allow themselves to be blinded by such
acts.
In addition to these statements. the
plaintiffs claim that Mrs. Smith needs the
constant care of physicians. and that Mr..
Smith has changed her attendant every
time he learned that they were remarking
on the alleged weakness of his wffe's in
tellect 1t Is charged that he does this In
order that no one may know definitely
that his wife is an UNFIT person to care
for herself
On all these allegations the plaintiffs
petitioned the court to appoint some suit
able person to serve as guardian for Mrs:
her fortune. The court thereupon or
dered that the parties appear In court
and show cause why such action should
not be taken. To this order, the defend
quash. Mr.. Smith alleging that he was not
proper party to the action, and Mrs.
Smith alleging that the remedy asked was
not proper in this court.
II was hearing on these motions that
came up yesterday. and as stated. the
court granted that of Mr.. Smith, but re-
fused to grant that OF his wife. In mat
tiers OF this kind It is necessary that the
interested party should be in court In
order that the need for a guardian. If
such need exist may be determined. Mrs.
Smith and her husband are said to be now
in California, and the hearing on her mo-
ton WAS therefore continued until
Wednesday. November 2S. at which time
she will be present and a decision Will be
rendered.
An order will Immediately issue direct
ing that Mrs. Smith be brought into court
on the date set, and the sheriff will be or
dered to enforce 1t.
The parties to this action are we'll
known in Seattle. and most of the proper
ty involved lies in this city.