New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1907-08-14
CAST OUT IN HIS OLD ACE
once Prosperous NicoIlet County
Farmer now Finds Himself
Pauper.
Charges Scheming Nephew With
Responsibility for his Pres
ent Distress.
Fought for his Rights in Court but
was Eventually Defeated.

Stripped of his property by feder-
al court decision and reduced from a
position of moderate wealth and COM
fort to one of poverty, Eugene Mas
terman of Lake Prairie township has
made application to the Nicollet coun-
ty commissioners for admission to the
county almshouse. Masterman's case
Is pathetic one, and the commissions
ers will make an effort to save him the
humility Of becoming a public charge.
Until few years ago Mr.. Master
man, who is now seventy-seven, was
the owner Of a fine farm in Lake Prai-
RE worth in theneighborhoodo Of Sc, 900.
In February, 1908, however, he says
that his nephew, Patrick J. McElroy
of New York, used undue influence to
secure deed to the farm and his trou-
bles date from the day he signed the
convey ance.
Masterman's story as told by him
self several times in court, is to the
effect that for several years before the
deed was executed McElroy had visit
ed him annually at his home in Nicol-
let county, and that when in January,
1908, Masterman wrote to him, saying
that he was in poor health and ex-
pressing the desire that McElroy
should visit Kim, the nephew came on
at once, manifested great regard for
his uncle and proposed that the latter
return with him to New York.
1t was during this visit, Mr.. Mas
terman declares, that he was induced
to sign deed turning over his prop
erty to the nephew. He insists how
ever that he was so feeble and his ply
steal condition so impaired that he
did not understand the nature of the
transaction.
After the indenture had been drawn
he accompanied his nephew to New
York, but few months tired him of
life in the dizzy metropolis and he
longed again for the quiet of the farm.
Returning to Minnesota he learned
that his farm was in the name of his
nephew and he Immediately began an
action to have the transfer set aside.
In resisting this McElroy denied that
his uncle was too feeble to transact
business and alleged on the contrary
that his mind was sound and clear.
In the trial court Masterson was
successful, and so also in the supreme
court of Minnesota, but McElroy took
the case to the United States circuit
court of appeals and that tribuna. re-
versed the decision Of the others, hold,
ing that the title to the land should
properly be vested in McElroy.
While the long legal battle was in
progress, MastersOn was represented
by his lifelong friend, County Attor-
new AFRO A. Stone, who was stricken
with heart disease and died very sud-
denly a few weeks ago. Mr.. Stone not
only handled bis clients case, but
supplied Masterson with money and
other necessities.
Following his lawyers unexpected
death came the adverse decision, and,
feeling himself friendless and alone,
Masterson appeared before the county
board last week and asked that he be
sent to the poor farm.
Action of this kind was not taken,
however, for the commissioners have
been informed that there is a clause in
the conveyance of McElroy which
gives Masterman life equity in the
property. To save him from the aims
house, if possible, L. M. Erickson,
chairman of the county board, was in
structed to apply to the probate court
for the appointment of Charles Block
of Lake Prairie as guardian OF Mr..
Masterson, and as soon as the decree
is granted Mr.. Block will endeavor to
secure recognition for his aged ward.