The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-06-11
Pretty School Ma'am Took Ad-
vantage of His Condition
To Secure His Property, Heirs
Say in Suit.
CHARGED INSANITY
After "SaIe" OF Fine Shawnee
County Farm.
Pretty Second Wife Forced
Wedding Smith Heirs Say.

That the late c. A. Smith was insane
at the time of his marriage that a
deed to his $4,000 farm was fra udu-
lently secured through undue influence
OF his wife, are contentious in Judge
Dana'S court today in a suit to clear
the title to a valuable farm near Ross
Vile. Many bits of sensational testi-
mony are being given by RosSv1lle
residents in the efforts of Smiths child
rem to recover possession of the rich
land.
Smith was an epileptic. He owned
one of the best farms in the Rossville
district. In January, 1903, he was
married to Katie Smith, a West Vir-
Slnia school teacher. At the time of
the wedding. Smith was 40 years old
and his bride was %.
1t is charged by the compliments
that their father was induced to make
A trip to West Union, West Virginia.
where he visited his sister. Here he
met the young school ma am. Accord
ing to the testimony of the Smith
children, their father was the pursued
in the short courtship that followed.
1t is claimed that the school teacher
knew of the rich farmers mental and
physical condition. On the day of the
wed ling Smith was subject to one of
his commissions and is said to have
been unconscious of the proceedings
which followed when he became the
Woman's husband. After the ceremony
Smith and his bride returned to Kan
sas and lived on the AS acre farm near
Rossville.
On the RossvilIe farm, Mrs. Smith
is said to have abused and mfstreated
the children by her husbands former
marriage So severe and unjust was
this treatment, it is claimed. that the
children were compelled to leave home
one OF them, May Smith. was adopted
by j. NJ. kemper of Maple Hill
His To I.rO,,, UU;..-
Five years ago a warranty deed was
executed by Smith and his wife in
which they transferred the big farm
to c. NJ. Conley. of West Union, w
Va. 1t is charged that this deed was
the elimination of the -woman's deep
laid scheme to defraud her husband of
his property Although the face of
the deed states that the transfer was
made for the consideration of $4,000,
1t is claimed by the plaintiffs that Con-
ley is insolvent and that Smith and
children realized nothing from the
transfer of the land.
In September, 1910, Mrs. Smith APP
piled to the Shawnee county probate
husband. Before arcorn mission,
Smith was found to be of unsound
mind. His wife was named as guar
dian and took charge of the estate. A
week after Smith was taken to the
hospital at Parsons. he died.
Then came an investigation of the !
affairs of the estate Mrs Smith. the
widow, was in possession of the sew
era! pieces of Rossville property |
which her husband had owned in his |
lifetime and the 145 acre was gone. |
Then suit was filed to set aside the |
Conley deed.
An effort is made by the plaintiffs !
to have the widow denied any of the |
rights as a legal heir under the es- |
tate. 1t is claimed that the woman |
had full knowledge of Smiths condi- |
ton at the time of the marriage and |
took advantage of these conditions |
to force the wedding. Not only do |
Smiths children ask for the recovery |
of the land, but they ask $500 a year |
rental from the farm for the period in |
which it has been in Conley's possess |
sion.