Evening capital news. (Boise, Idaho) 1901-1927, 1917-11-03
IS AT.
STAKE IN SUIT.
over AN ESTATE.
Quarter of Million Dollars in
Real Estate and Personal
Property Of Orville P.
johnson Involved.
Adopted Daughter Seeks to
Gust Widow Of Deceased
Alleges Agreement Was
Reached With Her Father
and Johnsons.

suit has been filed in the district
court at Gooding to determine the
rightful ownership Of the quarter of a
million dollar estate left by Orville P.
Johnson, the aged Hagerman valley
pioneer, who died in February of last
year. He died intestate. and the
widow, Nellie Payne Johnson. is in
possession of the estate.
SPECIAL ACT CHANGES NAME.
The plaintiff in this case Is Kate c.
Bedell, formerly Kate Johnson, and
the defendants are Nellie Payne john
son, widow of o. p. johnson, and the
Florence Livestock company. The
plaintiff alleges that in 1857 Orville P.
Johnson and his wife, Rosanna c.
Johnson, who were then residing at
Horseshoe Bend, Ida, entered into an
agreement with her father. under
! which they promised to adopt her as
their daughter and make her their own
She was then an infant Of four months
and her mother was dead. In pur
suance OF this agreement, in 1874, the
Johnsons secured the passage by the
legislature Of a special act. changing
her name from Kate Alexander to Kate
johnson and making her the lawful
heir of Orville P, and Rosanna c.
Johnson.
MARRIEs SECOND TIME.
Mrs. Rosanna Johnson, 1t is alleged.
was the owner Of $4,000 worth Of
property in her own right, in which
her husband had no interest. and in
her later years desired to make will,
beaueathing this property to her
adopted daughter. but her husband
persuaded her that this was unneces-
sary, as he would see that 1t all went
to their adopted daughter, Kate. Mrs.
Johnson died in 1900 and her husband
gained possession Of her estate.
through the probate court and assured
the plaintiff that she need take no
steps in the matter, as he would see
that it all went to her.
| In 1901 Mr.. Johnson married a Sec
ond wife, Mary Josephine Rheims, and
| in July of that year, 1t Is alleged, he
executed will, giving all of his prop
erty to his adopted daughter, the plain
tiff, except a certain life interest to his
wife, The second wife died in August,
| 1906, and in the following November
he married the third wife, Mrs. Nellie
Payne Johnson, and subsequently the
will was destroyed. Mr.. johnson died
In February, 1915. leaving no will.
PROPERTY CONVEYED.
1t is alleged that two years prior to
his death, when he was in a feeble
state. mentally and physically, Mr..
Johnson conveyed to his wife. Nellie
Payne Johnson. all Of his property. in
Guiding his first wifes separate estate,
for the express purpose of defeating
the rights of the plaintiff, SO that at
his death no property was left to the
plaintiff. Since Mr.. Johnson's death.
1t is alleged, the widow has sold one
piece of property to the Florence Live
stock company for $4,000. and another
tract to T. e. Thompson for $4,000.
| Plaintiff asks that she be decreed
the owner of all the property, real and
personal. owned by Orville P. Johnson
at the time of his marriage to Nellie
Payne johnson, and q half interest in
all the community property owned
Jointly by him and his wife at the time
Of his death. o..
The value of the Johnson estate Is
not definitely known, but it has been
estimated at between 100000 and
100000