The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-03-23
Referee Hungate Listening to
Testimony i'm New Trial.
Physician and Wife Seek Ac-
counting of Gordon Estate.
CHECKS In EVIDENCE.
Plaintiffs Introduce Eighteen
Orders for Money on Bank.
Defense Claims Widow Had
Right to Use Funds.

The latest in the Mum Gordon suits
over the disposition of the 100000
estate OF G. S. Gordon is one now in
progress to compel his widow, Jennie
S. Gordon, to render an itemized ac-
count of incidental household expenses
during the last two years of his life
and particularly during his last ILL
ness, from February Is to March 20,
1908, the date of his death.
The title of the suit is not quite that
but that is what it SINNERS down to.
There was lull in the big estate case
and this was apparently brought to
keep up interest until the last two suits
taken to the supreme court have been
passed upon The original suit brought
by Mrs. Lille Gordon Mum and her
husband. DR.. Lewis H. Mum, against
Mrs. Jennie S. Gordon to have her
rights in the estate annulled on ac-
count of an ante-nuptial contract be-
tween her and Mr.. Gordon, which it
was alleged she had used undue influ-
ence to have destroyed, was defeated
in the district court and the decision
affirmed in the supreme court.
The two cases pending in the SUI
preme court now are one to have two
certain deeds to properties set aside
because obtained by undue influence
and one pertaining to partition of the
estate. The present phase relates to
the probating of the estate for which
Charles A. Magaw is administrator.
The Mum attorneys have found a clue
to some moneys which it is their con-
tention have not been accounted for
by Mrs. Gordon in her submittal of
estate for probate.
This money. alleged to have been
withheld from probate, consists of
amounts received by her as differences
between purchases and checks given at
various stores in Topeka. About 1000
worth of these differences have been
located by the attorneys.
Checks Introduced.
Hearing of the suit is being held in
the Crawford office building before
Otis E. Hungate, appointed referee by
Judge Dana of the district court. OF
the 40 checks introduced in evidence in
the former suit to show the expenditure
Of money, Is have been introduced here
as bearing evidence of these cash dir
ferences, while another is purported to
have drawn its face value in cash.
One check, for instance, calling for
$40. signed &C. S. Gordon" by Mrs.
Palace clothing store. c. c. Coulson,
who was then bookkeeper, testified
that it had been given in payment of
a purchase of goods valued at $50. so,
and that $3.50 had been returned in
cash. He said the Gordons had been
regular customers at the Palace. An
other check for $500 had been cashed ut
Crosby Brothers in paying for a bill of
$3s.25. One for $50 had been cashed at
Mills on a bill of $3.70. There are two
given to Kitchell & Marburg for $40 and
$50 respectively.
Cash Large Check.
A check cashed without purchase at
Crosby's store was for $500. 1t was
cashed by Mrs. P. L. Harrison, who
was living at the Gordon home at the
time of Mr.. Gordon's last illness. In
the original suit Mrs. Gordon testified
she had had the amount drawn to pro-
vide for medical attention to Mr. Cor
don and household expenses having
heard that Mrs Mum was going 10
bring a suit to prohibit her from draw
ing any more money from the bank
and fearing she would be without
means to care for him.
A check for 1000 from Mr. Gordon to
Mrs. Gordon with which the latter pur-
chased full paid stock in the Capitol
Building ana Loan association figures
in the case. This was presented TO
Mrs. Gordon the day Mr.. Gordon sold
II acre tract near the Santa Fe shops
for ST., 1000.
Later she had been promised another
81, 900 If she would sign a deed to a
piece of Kansas avenue property which
was sold for 81 ,194. This sale price had
been deposited in the bank to Mr. Cor
don's account. Mrs. Gordon was not
given the $1,000 but instead she was
given written authority from her hus-
band to draw on that account. This,
she claims, is what she was doing to
provide for the household.