The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-10-21
OLD MAN sCHEURER, II YEARS OF
AGE, UNDER CARE.
LEGALLY PROTECTS HIMSELF
Aged German Who Has $40, 900 in
Property Gets Aid From Court
Has Troubles With His Wife
and Children.

years old. who has had several civil suits
and much trouble with his wife, Isabella
Scheurer. over his property, alleged to
be worth $4,000, was placed under the
care Of a guardian at his own request
by Judge McClernan this morning.
The hearing was had on Mr.. Scheurer's
petition and then Charles E. Kinman
was made guardian of his person and
estate under a bond of $4,000.
Scheurer was represented by Attor-
neys Sanders & Sanders and Hinkle &
Wallace. His petition stated to the
court that he has seven mining claims,
and household goods and real estate, all
! of which are estimated to be worth $780,
OOO
The real estate is on Park STRIP {, and
it and the mining claims have h.en the
subject of suits brought by Scheurer
against his wife.
years old and mentally incompetent to
handle his own affairs. il states spe-
officially that he does not understand
English we'll enough to grasp the con-
tents of legal contracts drawn in that
language, and that the condition of his
mind leaves him liable to the evils Of
undue influence.
Does Not Live at Home.
The petition proceeds to relate that
Scheurer does not live at home; that he
has been compelled to leave home by
the acts of his wife and his two children,
Fred w. Scheurer and Matilda Rita
Scheurer.
1t says that the wife and son of the
old man failed to give him that care,
attention and treatment due from
"dutiful wife and SON. and that they
made living with them so unpleasant and
disagreeable that the petitioner had to
leave home.
The document goes on to allege that
the wife and son 'conspired to wrest the
old mans property from him. and ARE
still engaged in doing that" and that
the latter now resides alone and pre-
pares his own food. In support of the
petition, this morning at the hearing the
old man and kinman both give evidence.
The former stated that his mind was
unable to grasp legal points now as it
once did, but that he can discharge Or
binary business affairs well enough.
Asked if he had made any contracts
lately, he said:
Dose contracts made lately we're
got from me by fraud and false pre-
lenses"
scheurer brought a suit against his
Wife some time ago to have deed Civ
ing his property to her, made BY him. an
nulled, and he won the suit.
Later he signed a contract compro-
missing the judgment against his wife,
and thereafter brought suit to annul
this contract.
In both cases he alleged that he did
not intend to agree to the things agreed
to, nor to convey the things conveyed in
the contract and the deed.
His answer referred to those matters
He said that the documents in those
cases had been read to themselves by the
drawers Of them. and that the latter
fooled him.
dot will be proved in court soon," the
old man said. I'm years gone by I un-
derstood PETER
What do you think about your mind
being weak now?" Judge McC1Hrnan
asked.
We'll. I amt so good as I used to De-"
the old mar replied.
Have you signed any contracts lately
by which YOU have been loser?"
IT did"
"Why?"
II had confidence IN udders," Scheurer
replied.
DO you tnlfk IL is because your mind
is getting weak"
Il do"
Not So Good as Formerly.
you're not so good as you used to
be?" the court asked.
You bet I amt" was the reply.
The court wanted to know if the ap-
pointment of a guardian was wanted
just for this lawsuit, and the old man
said that it was for his future benefit
as we'll.
''Why do you think you won't need a
guardian after awhile, them" the court
asked.
We'll, perhaps there won't be anything
left" the old man replied, and smile
went around the court room.
Scheurer said that he was willing to
have Mr.. Kinman for his guardian, and