New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-09-13
SUES, CHARGING FRAUD.
Aged Woman Says Couple Got
All OF Her Property.
TRUSTED MAN AS FRIEND
Declares She Delivered to Him
Deeds to Realty Worth
Thousands.


Mrs Julia Toulmin. who is said 70 bo
! seventy-seven years old, with her two
daughters, one a widow fifty years Old
and the other a paralytic afflicted with
the loss of speech, filed suit in the County
/ Clerks office yesterday against Lemuel
| l.. Phipps and Theresa s. Phipps, chRrg-
ling that they have gained possession OF
all her property through a plot concocted
| by them.
| The complaint filed through Grant G.
/ Fox. Of No. 10 broadway, counsel for
Mrs. Toulmin, declares that the two de-
| PENDANTS gained access TO her house. ST..
Marks avenue near Classon avenue,
Brooklyn. two years ago. The complaint
also states that the defendants gained
possession OF three parcels of property.
! The first Is "a piece near the corner Of
Second avenue and 10Th street. Manhat-
tan: the second IS in Gates avenue. near
Marcy avenue, Brooklyn. and the third
Parcel is IN ST. Mark avenue. near Clas-
son avenue, Brooklyn.
! In addition to these pieces OF property
/ Mrs. Toulmin owns a. farm near Middle
/ bush, n. j.. and another parcel al Verona,
n. ].
Philips Came as Locksrith.
Tho complaint says that In February.
1910, Phipps. an entire stranger. went 70
/ the Brooklyn house Of Mrs. Toulmin 70
/ tx some doorbcHs and locks. Without de-
| scribing how the acquaintance grew. Mrs.
| Toulrln says that Phipps went 10 her
! N,ddlebush farm 10 raise poultry. In
July. 1910. Phipps was said 10 have gone
\ 10 The Verona place and lived there as a
member OF the family until September,
1911. The visits sircc then have been
from time % time.
The elderly woman was taken with
! Phipps. and he soon became her conii-
Dental adviser, agent and friend IN re-
epect 20 matters connected with the prop
erty. The plaintiff declares she had full
confidence in him.
II is alleged that in May. 1911. Phipp5
| first attempted TO use his place 10 obtain
POSSESSION OF the womans property. Mrs
| Toulmiu says she orally agreed 10 SCH
| Ph.pps the property that IS described III
the second and third parcels together
I with the Middlebush arm, IN New Jer-
! scy. She declares that ABOUT this time
! Phipps entered into q contract Win the
Gano Realty Company by which Ph!pp3
was 10 turn over the property 10 the com
pany IN exchange for certain real estate
| in Newark, y. J.. and Phipps SAID tire
plaln,ir alleges, that he would turn over
] n share OF tho Newark property that
would equal the value Of the property
he had received from her II the con-
! tract fell through he was 20 return inc
property 10 her.
| The complaint continues that on Juno
| 10. 1911, AZ Phipps'a solicitation MIS-
Toulm!n executed 90 him deeds 90 the
second and third parcels Phipps. sne de
clsres. asked for the deeds, saying nc
needed them. and solemnly promised 10
rcturu them. She let him have them. but
asserts ne never returned them
None Of n. Deeds Recorded.
ON July l. 1911. Phipps, tue compliant
states got her 20 execute contract 10
him FOR the first parcel OF property ana
also got her 20 execute u contract 10 MN
for the sale Of ali the property. None o.
the deeds. she declares, has ever been
returned 10 her or recorded.
The plaintiff says she did not Know
,rhat she was doing when she executed
the said deed or contract Of sale. ana Ee'
.lcripr thereof was procured by the oe-
fandant by means of subterfuge. OF 10y
substitution Of other property or by "lli"'
and Intentional Misrepresentation az 70
tie nature Of the contents thereon
Mrs. Touimln says that Phipgs obtained
from her a power OF attorney authorizing
him TO manage the property on second
avenue. and that he leased the place, but
| he has never received the rent. which
was al the rate OF Sl,1Oo year. She
eave she was also threatened WIN
SANDER suit by Ethel Hobbs, young srl
whom she brought from Kentucky TO edu-
! cate. and that Phipps 50 impressed u on
nor mind that Miss Hobbs had good
s,,it she decided all her property 70 he
titous person. phipps executed the deed.
she declares, and later returned TO her
what purported to be the same document
though she says tho document lie stu In
his possession.
Theresa s. phipps Mrs. Toulmin says.
| has no interest in the property. but -
made O. party 10 the suit because she IS
or is alleged 10 be- the wife Of the de-
| PENDANT"
The pIaintiff asks the court TO direct
the cancellation or the return OF All the
deeds and contract OF sale. Tor the APP
point,pent OF q receiver for the Second
| avenu. property and for An accounting or
the moneys OF which Phipps has deprived
her