The diamond drill. (Crystal Falls, Iron County, Mich.) 1887-1996, 1915-02-20
MOTHER WINS OVER SOY
Mrs. Frances Barras Given Decision by
Judge Flannigan In Land Case

Judge Flanagan In Land Case
County Clerk Wall received the
opinion OF Judge Flanagan in the case
OF Alpha c. Barras VS. Frances Barras
ct al, last Tuesday Judge Flanagan
upholds the mother and orders the
complaint OF the son dismissed,
The Barras is an old Escanaba
family. Mr.. Barras, Sr having held
responsible positions in Escanaba
and Delta county, He died several
years ago leaving three children,
Alpha c. and John Barras and a
daughter, Sadie, besides the widow,
Frances Barras. The deceased wae
possessed OF considerable real-estate
and had acted for property held by
his wife, In a trunk in which were
kept the family papers. a blank deed
was found which had been executed
by Mrs, Barras and in which she con-
veyed TO her husband the property
held in her name. This deed had never
been recorded and It was subsequent
ly destroyed by the mother. Alpha c.
Barras, the oldest son, brought suit
against his mother claiming that she
held the property in trust and not in
her own right and that he, as one or
his fathers heirs. should have his
share OF the property so held.
The testimony showed that long ago
when the complainant was boy away
at college. the senior Barras became
acquainted with some valuable cash
entry land In Iron county. That he
had not the money to acquire the
propeit ty and that he went to his
brother-in-law. John ID. Ross. and
got him to put up the money and buy
the propeIty ty. the agreement being
that Barras was to pay for and re-
ceiye from Ross an interest in the
lands.
Mr.. Ross. after getting his deeds.
decided the interest in question TO
his sister, Mrs Barras, whom, the
testimony showed, had given some
OF her own money, earned by her
in clerking in the post Office at Es-
canada, TO assist in the purchase OF
the land.
On the occasion of Mis-. Barras
starting on trip to Chicago. her hus-
band represented to her that the trip
was n hazardous one and as the pro-
perty in question was in her name he,
the husband. would be penniless IL
anything should happen to her. She
agreed to and did sign a deed TO her
husband hten and there transferring
the property to him. Her testimony
was that the instrument was wholly
I'm blank and that II was intended to
protect the husband should anything /.
happen to the wife on the trip.
II was this deed that was after
wards found and burned, the circum-
stances attending its finding being
recIted in the opinion After the Ia
theirs death the three children and
the mother together opened the trunk
in which the family papers were kept
Upon finding a certain deed IN which
a certain piece of property owned
personally by the deceased was deed
ed to his daughter, the complainant
Alpha. complained that everything had
been left to his sister. Sadie, and that
he didn't want anything more to do
with 1t. He left the room and after
his departure the son, John. found !
in the bottom OF the trunk the deed |
signed by Mrs. Barras This deed was
afterwards burned by Mrs. Barras,
Judge Flanagan recited the sac
rifices made by the mother In her early
days 10 give her son an education and
eontrasted the appearance of the two I
witnesses. mother and son, on the
stand. in manner highly compli-
mentary to the mother and adverse
to the son. The finding Is understood
to be universally satisfactory