The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-10-18
Fight for 100000 Now On in
District Court.
Daughter in Contest With the
Widow.
TESTIMONY CONFLICTS
Daughter Alleges Undue Influ-
ence on Aged Man.
Second Wife Claims She Was
Comfort of His Old Age.

The guns of Mum and Gordon were
opened again this morning in the dis
tricr court in a fight over portion OF
the estate of G. s. Gordon and the dis
advantages of dying in possession OF
any estate at all are to be exemplif1ed
in the long list of abuse in which the
old man of SO will be attempted to be
proven insane during the later year of
his life.
This suit is brought by Mrs. Lille
Gordon Mum, daughter of the late G.
S. Gordon, by his first wife, against
Mrs. Jennie Gordon. widow of the de-
ceased, to have the deeds to the PotWlu
residence of Mr.. Gordon now occupied
by Mrs. Gordon, and to a Farm of 120
acres near the Topeka cemetery, joint
ly valued at $4,000. set aside. It is al
legged these deeds made in favor of Mrs.
Gordon were made by Mr.. Gordon while
in a decrepit and palsied state by her
undue influence.
The former suit was brought by Mrs.
Mum asking that the widow be denied
her dover right in his estate of 500, 900
upon the grounds of an ante-nuptial
contract by which she surrendered this
right. The case was decided in favor
of the defendant, and it is now )eldiny
the district court having been appealed
from. The wodow's dover is a half of
all the property of her husband.
galaxy of legal talent was arrayed
on both sides of the case today. Jas.
A Troutman, Robert Stone. D. r. Hite,
D. w. Mulvane and Chas. E. Gault ap-
pear for the plaintiff, while J. B. Lari-
mer, A. E. Crane, and Allen & Allen ap-
pear for the defendant.
Mrs. Jennie S. Gordon, attired in
somber black, sat with her counsel in
the court room. She seems tired and
worn and much older than when the
first trial of her rights came before the
jury.
Claim Memory Was Faulty.
To substantiate their claim that the
I'D man was practically insane at the
lime the deeds were made to his wife
1 few months before his death the coun-
sci for the Plaintiff in making the op-
sDing statement to the jury consumed
mental condition.
The facts stated to the jury which
would be proven We're that the widow
vas an employe at the insane hospital
PREVIOUS to her marriage to Mr..
Gordon in 1898, he then being an old
nan of 73 years and afflicted with palsy
ind that she had met him but :. month
u so before she married him; that she
lad previously been married twice but
concealed the fact from him even to
he day of his death.
Claim Gordon Was irresponsible.
That Mr.. Gordon was "niggardly" in
lis close business methods and exact
ng and Stingy was brought out and
hat he never allowed a bargain or a
mt to escape him during the acquiring
f his fortune. But it is alleged that
within a few years of his death he
ecame so forgetful and incompetent
hat he allowed his wife to do what
yer she pleased with him. Instances
we're cited to show his decaying will
'Ower and mental decline. He had SO, !
90 in a bank which in order to draw
interest on he had to renew his certifi- |
ates of deposit every six months and |
until the last two years he did so
With the greatest eXactneSs but after |
hat time he would fail to do so even
ding so far that when the bank told |
i'm he had the money there he denied |
he fact. When he was given a dividend |
rom a Texas Investment he denied that |
e. had $1,000 in Texas, having forgotten |
ii about it. He went to a man who |
ad never been in the lumber business
nd demanded return on some lumber |
ihich he had not accepted, and finally |
IL. Mum had to keep an account for
i'm, making him sign every item which
e received in order to refresh the old |
rams memory.
When Mr.. Gordon's only son was mar
led, the old man refused at first to
i've him the slightest present, but urged |
y others of the family finally consented
) a check for $3.50 when he had thou
ands in the bank on deposit, but in
Is later years he became SO sadly
.nient that he gave Mrs. Gordons son
Y another marriage an $500 automo-
lie.
Furthermore it is alleged that the
20 acres under litigation was pur-
hased with money belonging to
Ormer wife of Mr.. Gordon and could
OF lawfully be decided to any one by
i'm.
Tho Other Side.
The defense in their following state
lent brought out the facts that Mrs.
iordon had been the only comfort
nd aid the old man had had and that
he daughter and son neglected him
aaving him in bachelors quarters
nd no wonder he had not furnished
ne front room of the big house-and
nat Mrs. Gordon was the very best
argain the old man had ever made
Or she had given him a real home
nd tender assistance
Moreover, when he had been pro-
ounced on his death bed during an
ad nursed him through with her own
redit for saving his life and that
ubseQuently he became fond of her
1deed and placed implicit confidence
/ her. That he had not lost his
usiness sagacity was shown by the
tatements that he had made some
20 900 in Texas investments after the
insane period set by the plaintiff
ad begun
The case promises to be long
rawn out one covering several days.
SCIENCE LECTURE.