The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1904-05-17

WANTS HIS
PROPERTY
William R. Morgan Sues
Merritt B, Morgan.
TRANSFER QUESTIONED
Suit Is an Alleged Outcome of a
Romance of Several Years
Ago.

From present appearances one Of
the most interesting cases that has
been called in county court in years
will come up at the term which opens
the first Tuesday in June, at Manches-
ter. 1t is expected that it will bring
out some points relative to a romance
which caused considerable of sensat-
ion in this section three or four years
ago.
The case is brought by William r.
Morgan against his brother Merritt B.
Morgan to recover property which the
latter is to receive as one of the heirs
of his sister, Miss Nina B. Morgan,
who died here few years ago of
pneuuonia, and whose estate has
never been settled.
Some five years ago a suit was
brought against w. r. Morgan by
Miss Fannie Tomlinson of this village
who claimed S25, 900 for alleged breach
of promise. At the same time it was
reported that all his property was in.
the name of his sister, Miss Nina Nor
gan. Miss Morgan died, the breach
of promise case was continued for sew
eral terms, and then settled out of
court.
In his declaration bringing the suit
Mr. Morgan declares that for years
there was an understanding that in
case of his death his sister Nina was
to have all of his property, which he
says was worth $4,000. The largest
part of it was in real estate, with some
mining properties in California where
he once resided. The original heirs
to the property were Mrs Margaret Nj.
Olds of Erie, Penn, Sarah NJ. Olds
of Valley Falls, Joseph II. Morgan,
M. B. Morgan, himself, John NJ. Har-
ris, then Of Troy, and Emily Harris
From all of these he had purchased
their share in the estate of the late
Coggswell Morgan.
Mr. Morgan further declares that in |
the year 1900, the same one that the |
breach of promise suit was brought, |
that he fell i'll and was intending to |
take a trip to California. He made
trip to Rutland, consulted with Joel c.
Baker, a lawyer there, with the result
that a deed conveying the entire pro-
perty to his sister was made.
He declares that the deed was not
legal as there were no internal revenue
stamps attached, no consideration was
specified and that he never received
any money. He further declares that
le brought the deed back to Benning-
on, deposited it with the town clerk
With positive instructions not to re-
ord the same until further orders
rom him.
Among the specifications in the deed
vere these that his sister should pay,
drs Sarah NJ. Olds $4,000 and interest;
o Mrs Mary Church of Valley Falls,
1000 and interest; to John M. Harris
hen of Troy, $1,000; micellaneous
ebts $1,000, and that she should can
Ell mortgage OF $500 held by Mrs
Iorman Oviatt of this town.
After the breach of promise case was
ettled, some time after the death of
is sister, who left no will, Mr. Nor
an further declares that be went to s
ne town clerks Office, demanded the
eed which he claims was left there
or safe keeping, only to learn that the !
eed had been regularly recorded and
lat the property stood in the name of I
Iiss Elmina Morgan and that he
Ould do nothing with it. Since then
Il the heirs have given their consent :
, the property going back to him ex- q
opt the brother, NJ. B. Morgan who =
eclines to do it.
Mr. Morgan in his declaration fur
Ter declares that Merritt B. will not
gree to act with the other heirs, that v
3 is inclined to hinder the bringer of s
lie suit in carrying on, and conducting
le property which he, William r. .
ghtfully owns, and he asks that an b
rder may be issued preventing Mer- 2