The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-10-29
Jury Decides in Favor of the
Widow.
Holds Deeds Given by Husband
Are Valid.
CASE LONG DRAWN OUT
AbOunded in Sensations and
Startling Allegations.
Amount Involved Was in Neigh.
bOrhOOd of $4,000.

A verdict in the Munn-Gordon case
was reached last night after the jury
had been out three hours. 1t is a victory
Tor Mrs. Jennie S. Gordon, widow OF the
deceased G. S. Gordon. over her step
daughter Mrs. Lille Gordon-Munn, who
sought to have two deeds conveying
property valued at $4,000 from her faith
er to the widow set aside.
To accomplish this end Mrs. Lille
Gordon Mum, wife of DR.. L. H. Mum,
had alleged that Mrs. Gordon had ex-
erted undue influence and fraud, accused
her of bigamy, and claimed that her
father, G. s. Gordon, had been duped
and that he was of unsoupd mind, which
DR.. Biddle on the witness stand testified
was the same as insane and the charge
was considered as such during the trial
Which has continued nine days.
In former suit which has been taken
to the supreme court by Mrs. Mum in
her determination to deprive her step
mother Of her dover right in the estate
of 100000 Mrs. Gordon had won in the
district court This suit for the setting
aside of the deeds made shortly before
the death of Mr.. Gordon was then
brought with result and verdict sub
stimulating the first. This case also
will be carried to the supreme bench.
The suit just closed. which was more
properly a court case, was one of such
unusual complications that the court
called jury to assist him in arriving at
judgment. The court asked the jury
three questions in his Instructions.
The questions, which the jury ar
swered all in the negative, were: WAS
Mr.. G. s. Gordon of unSound mind at the
time these two deeds were drawn and
executed to Mrs. Jennie S. Gordon, his
wife?'' Were these deeds obtained by
Mrs. Jennie S. Gordon by exercising
undue influence upon G. S. Gordon?'
Were these deeds obtained by Mrs
Jennie S. Gordon exercising fraud upon
said Mr.. G. S. Gordon?''
The two pieces of property consist or
the Gordon home at the corner OF
Greenwood avenue near the Potwin sta
ton and the GooSeberry Hill farm near
the Topeka cemetery, and the jury rem
dered it's verdict that the deeds with
which Mr.. Gordon transferred title to
his wife are valid.
What Was Alleged.
To substantiate their claim that MI.
Gordon was practically insane at the
time the deeds were made to his wife d
few months before his death the coun-
sci for the plaintiff in making the open
ing statement to the jury stated as
facts which would be proven that the
widow was an employe at the insane
hospitaf previous to her Maria ge to Mr.
Gordon in 1898, he then being an old
man of 70 years and afflicted with palsy
and that she had met him but month
or so before she married him; that she
had previously been married twice, and
had never been legally divorced, but
concealed the fact from him even to the,
day of his death.
That Mr.. Gordon was close in his
business methods and exacting and
stingy was brought out and that he
never allowed a bargain or cent to
escape him during the acquiring of
his fortune. But it is alleged, that
within few years of his death he
became so forgetful and incompetent
that he allowed his wife to do what
ever she pleased with him. Instances
were cited to show his decaying will
power and mental decline. He had
$4,000 in a bank which in order to
draw interest on he had to renew his
certificates of deposit every six
months and until the last two years
he did SO with the greatest exactness
but after that time he would fail to
do so even going so far that when the
bank told him he had the money there
he denied the fact. When he was
given dividend from a Texas invest
ment he denied that he had $4,000 in
Texas, having forgotten all about it.
He Went to man who had never
been in the lumber business and de-
manded a return on some lumber
which he had not accepted, and finally
DIR. Mum had to keep an account for
him, making him sign every item
which he received in order to refresh
the old mans memory.
When Mr.. Gordon'S only son was
married. the old man refused at first
to give him the slightest present, but
urged by others of the family finally
consented to check for $3.50 when
he had thousands in the bank on de-
post, but in his later years he became
so sadly lenient that he gave Mrs
Gordon's son by another marriage an
$500 automobile.
Furthermore it is alleged that the
120 acres under litigation was pur-
chased with money belonging to a
former wife of Mr.. Gordon and couId
not lawfully be decided to any one bv
him.
1t was also contention of the plain
tiff that with these deeds to the two
pieces of property and the winning of
the last suit Mrs Gordon was in fact
getting more than her dover right and
cited that as one reason they should be
set aside. %
Practically all of The allegations made
by counsel for the plaintiff were proved
ill founded and wiped out before the
Judge in his instructions, stating that
they were without foundation. The test
inlony of experts picturing the sort of
man Gordon must have been. drawing
their conclusions from a hypothericai
question, was ridiculed by the defenss
to such effect as to be entirely replaced
by the testimony of old friends who had
known the old man and conversed with
him and who had said he was of sound
mind.
The determination of Mrs. Gordon
LIZ II