The Brunswick news. [volume] (Brunswick, Ga.) 1906-2016, 1910-04-21
ANOTHER POINT
IS DECIDED IN
CHAMPAGNE CASE
WIFE NOT ENTITLED TO PROP
ERTY CLAIMED IN HER
INTERVENTION
Referee Isaac Rendered Lengthy De-
cison in the Case Yesterday-Gives
Reasons Why the Claims of Bank
rupt's Wife Were Denied.

y
down his decision IL the intervention
OF Mrs. Joserh Champagne, wife of
Jos. Champagne, the st. Simon bank |
rupt, in which she is denied all of the
property claimed except what personal
property she had when she was mar
ried to Champagne. The decision is
quite volumnious one, covering ali
points involved in the case In part
the referee says:
Evidence was offered in behalf Of
said Intervention and in opposition
thereto, a transcript of which is here
TO attached, referred to and respect
fully made a part of this report. A
summary of the evidence is as fol-
lows:
Mrs. Champagne, the intervenOr,
testified that she was married to Jcs.
Champagne September 10th, 1907 She
was the second wife of Joseph Cham
pagne. At the time of her marriage
the bankrupt was engaged IN conduct
ing the Hotel Bellevue on st. Simons
Island, Georgia, and possessed various
articles of personal property besides
considerable real estate on the Island
Mrs. Champagne testified that upcn
her marriage Champagne stated to her
that he gave her all Of his personal
property on the island and in addi-
tion thereto all of the furniture in the
cottages belonging to him on said Is
land. At the time the gift was made
Champagne was indebted to Wright
.& Gowan, cne of the petitioning cred
itors in the bankruptcy case, in the
sum of Cne thousand dollars and Mrs.
Champagne admits knowledge of th,s
Indebtedness at the time of the gift.
Practically all of the property
which Mrs. Champagne claims was
given to her was used in the operation
Cf the hotel conducted by the bank
rupt and the furniture in the cottages
continued to remain there, rented By
the bankrupt to summer cottagers on
the island, Mrs. Champagne claiming
that for a shcrt time she received the
rents from the cottages which she con
sidered her personal income. Cham
pagne, however, continued to exercise
complete dominion over this property.
He used the property ostenSibly as his
own and was so regarded by all who
dealt with him either in relation
thereto OF had business dealings with
him.
Some articles of property she
claims she had before her marriage
to Champagne and some minor arti-
cles of the property were her daugh-
ters and some belong to Mrsfi Down
ing and Mrs. RATIO
"On May goth, 1909. Mrs. Cham
pagne claims that her husband exc
ycuted a bill of sale to certain of the
persc nal property to her and i'll Aug
ust, 1909, Champagne and his wife
moved some of their personal effects
to Jacksonville, Florida. where Cham
pagne had leased a winter hotel The
bill of sale claimed to have been exc
cuted May goth. 1909, was not attested
and acknowledged. however, until
December 14th, 1909. when Joseph
Champagne appeared before a notary
public of Florida, at jacksonville, and
acknowledged the execution thereof.
On September 29th, 1909, the bank
rupt also conveyed to his wife all OF
his real estate on St. Simons Island
stating the consideration as ten dol
lars. The consideration named in the
bill of sale was one dollar. Beth OF
these conveyances were made within
four months of the filing Of the petit
ton in involuntary bankruptcy against
him.
The claim of the intervenor can
therefore be divided into four parts:
First, all of the real estate of the
bankrupt on St Simons Island. Sec
ond, all of the personal property nam
ed in the bill of sale herelnbetore re-
ferred to- Third. the personal prop
erty, including the furniture III the
cottages. belonging to the bankrupt
given to her by her husband at the
time Cf their marriage. FOURTH the
articles of personal property whlch
she had at the time of her marriage
and which she owned Independently
of her husbands gift. The claims 10
the property covered by the deco OF
September 29th, 1909, and the property
covered by the bill of sale dated May
goth, 1909. has been volIntarlally
withdrawn and the trustee is therefore
entitled to hold and retain the same
as the property of the banrupt.
This narrws the investigation 10
+ba consideration of the two other