The daily star-mirror. (Moscow, Idaho) 1911-1939, 1920-12-11
TWO DAUGHTERS SUE
FATHER---LOSE CASE
JUDGE STEELE DECIDES IN
FAVOR OF ANDREW M'GRAW,
LATAH COUNTY PIONEER.

| A case of more than ordinary inter
est, in which daughters sue their
father for an accounting of their
mothers estate, and in which nearly
all of the parties to the original trans
action are dead and only conversa-
tions had 80 years ago were obtain
able as evidence, has just been de-
cided by Judge Edgar c.. Steele, of
the district court, in favor of the
father, who was made defendan. in
the suit
Briefly stated the evidence showed
that Andrew (Lnown as "Andy"l Nc
Graw, and his wife, Bertha, lived at
Palouse, some 80 years ago. A
(known in the evidence as "Bob'')
Smith, lived on a farm in Latah coun-
ty, Idaho, east of Palouse. Joseph
Smith, a brother Of "Bob" md of
Mrs. McGraw, came to visit the fam
l1y and a family reunion was held at
the Robert Smith home. Joseph Smith
offered to buy 80 acres of land join
ing the home of his brother, as a
present for his sister, Bertha Nc
Graw, and the parties went to Palouse
the next day and closed the deal, the
land being bought by Joseph Smith,
for $3.50, and the deed was made to
Andrew McGraw. Witnesses to the
transaction testified that it was un-
derstood that the land was given by
Joseph Smith to his sister, Bertha
McGraw, as her own property, al /
though the deed was made to Andrew
McGraw, the husband.
During the next few years Mrs. Nc
Graw died and so did Joseph Smith,
her brother. Mrs McGraw left three
children, son and two daughters
McGraw took these to relative of
and there they grew up The two
daughters married and one lives at
Carlson, Alberta, and the other at
Pontiac, Michigan About one year
ago, the daughters who were two and
i've years old when their mother died
earned, through their father, whom
hey had not seen since babyhood, that
hey had an equity in the land in con-
,roversy. The testimony showed that
he father, Andrew McGraw, had
,ried to get the daughters, Mrs Will
lam Reid Miller and Mrs. Edna Kay
ga, to give him a deed to their one
hird interest in the land They began
IN investigation and claim to have
earned that the land belonged to their
mother, having been given to her as
! present by her brother, Joseph
smith. They brought suit in the La
ah county court for an accounting,
or the value of the land, now rated
ents from the land for the past 80
ears.
The only living witnesses to the
purchase of the land, Andrew Nc
1raw, Robert Smith, Bertha Nc
sraw's brother, and Mrs A. G. Plow-
nan, Mrs. Robert Smiths mother,
With whom the party took dinner at
'alouse the day the land was bought,
yere here and testified in person. ,
Irs Miller, one of the plaintiffs, was
OF born when the land was bought,
ut was here to testify in the case.
There was marked conflict of
in the case. McGraw
estified that he had borrowed $3.50
rom his brother-in Joseph Smith
, pay for the land and had repaid it
} Smith. Robert Smith, whom Nc
raw testified was with him when
1is transaction was made, denied en-
hatically that such was the case and /
estified that his brother had bought I
ne land as present for his sister,
ertha McGraw. Joe Lynch, a pioneer
that section, and neighbor of the
IcGraw's when they lived on the :
md, testified that McGraw had told
i'm that he wanted to borrow money
n the land but could not because
le land belongs to the woman" the
anne by which McGraw is said to [
ave called his wife.
Judge Steele, after hearing the /
testimony, gave "the bene- !
t of the doubt" to the defendant, :
[cGraw and refused to set aside the ;
sed, which was given to McGraw by
le man from whom the land was
lrchased by Joseph Smith, ION the
7idence of mere conversations of 80
ears ago" He found for the defend '
1t, McGraw and against the latter's G