The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1908-07-16
DEED OF WILLIAM
R. MORGAN WAS
NULL AND VOID
Verdict For Orator in Case OF
Morgan VS.. Morgan
DEFENDANT TAKES APPEAL
Chanoellor's Finding Is That Deed
Was Made to Take Place OF
Two Wills.


into court this morning he submitted
X. Morgan VS.. Merritt h. Morgan
copies of his finding of facts" and
later gave his decision in favor of the
orator that the deed In question and
which the suit was brought to set
aside was null and void The finding
of facts is as follows:
The orator and the defendant are
brothers. The orator Is about eighty
and the defendant is considerably
younger On the 18th of October,
1900 the orator was the owner of the
property described i'm his bill of COM
plant. In 1877, the orator. then re-
siding in California, made a will dis
posing of the property which he then
owned, and in 1884 he made another
will also disposing of all the property
which he then owned, and on said
10Th of October 1900 both said wills
were in existence, and on that date
the orator signed sealed, caused to
be Witnessed and acknowledged his
Exhibit |, the deed in question, as the
same appears to have been signed,
sealed. witnessed and acknowledged;
and on the 22nd day of October, 1900
delivered the same TO the town clerk
OF the town of Bennington where
said property was located and where
the said orator and Harriet T. then
resided, with the instructions to file
the same but to delay the record
thereof The town clerk made a
memorandum on the back Of said
deed at the time the same was re-
ceived indicating that the same was
left for record and filed the same with
other papers in place where he kept
what he denominated SLOW records"
some OF which papers thus filed were
thereafter taken away without record
No further directions respecting the
record OF said deed were thereafter
given by the orator to said town clerk
but sometime after the same had been
left with the town clerk as afore-
said the said Harriet n. directed the
town clerk to record said deed, which
he did and after the same was record
ed she paid for such record and took
the deed away Quite number
of months after the deed was left with
the town clerk as aforesaid and after
Harriet h, had taken II away, the
orator called upon the town clerk for
said deed, and then learned that II
had been recorded and taken away
from the town clerks office by said
Harriet II. Said deed was made with
out consideration and with the inten'
ton that the same should take place
OF one or both of said wills. No rev
| e.. Of saI 20 gat
deed
The said deed as well as all the
other exhibits in the case, are re
ferred TO and made a part of thi:
finding of facts
am unable to find, as the defen
dant claims, that the deed was giveI
, to avoid the liability due from thu
orator to Miss Fannie Tomlinson.
: do find, however. that on the 22nd o
; December 1900, Miss Tomlinson suet
the orator for breach of promise 4
. marry her. and in that suit attache,
; some of the property in question. an
said suit afterwards was settled b
the orator paying Miss Tomlinsol
$4,000.
The foregoing facts in connection
I with the testimony Of witnesses as I
the improbable declaration made b
A the orator in public manner in tn
q presence of several persons, that h
!. did make this conveyance to avoi
|, his liability to Miss Tomlinson, wa
q not sufficient in my judgment to owe
y come the evidence of the orator tha
- the deed was made to take the plac
!, of said will or wills.
Harriet Il. died February IL, 100
= leaving several heirs, among whol
!, is the defendant, and none of whol
- except the defendant claims any {
70 the property In question, and all {
y whom except the defendant have ex
a cuted deeds to the orator releasin
N all claims to such property.
~ The value of the property in que
., ton exceeds $S0,000.00.
q The deed is a cloud upon the pr
I; perty of the orator and embarrassC
. and hinders him in the free sale an
, disposal of the PROPERTY as Ii
a records now appear to show that ii
y, defendant Is the owner of one-sixt
p" OF said property.
The said Harriet Il. never paid, ex
cuted or performed any of the cond
lions provided and set forth in sa
deed.
at The attorneys for the defence a
nounced that they would take the cas-
to the supreme court on exception