The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1924-02-07
AGED MAN ASKS
RETURN OF HOME,
G. w. Earl, 81, Tells Story
of Daughters Love
That Cooled.
COURT WEIGHS RIGHTS
Returns Home at Night to Find
Strangers in Possession,
Man Tells Court.

Judge E. B. Belden is bordering
over the legal question of whether
George w. Earl, 81 years old, shall
spend the remainder of his days at the
poor farm, whether he sail be charge
upon two of his daughters, or whether
property which he decided to his daugh-
ter and son-in-law, Mr.. and Mrs Chris
Nelson, shall be returned to him.
Ear's suit for the return Of his
property was heard in circuit court
yesterday afternoon, and the case was
taken under Amusement by the judge
According to the story told by Earl,
he decided over his Kenosha home to
the Nelson's with the understanding
that they provide him with home for
the remainder of his days. Shortly
after they had the deed, their filial
affection toward him began to cool.
Eventually it chilled to the point
where he could find more warmth
among strangers. 1t was then that he
went to Illinois.
Returns Home.
Three years later Earl came home
for Christmas. Sight of her old gray
haired father, it was said, again stir
red some of the old memories in Mrs.
Nelson. She asked her father to come
back and make his home with them
He came, and for time things went
smoothly. Then one night he came
home to find the door locked. He
went down town and spent the night
at hotel The following night the
same thing occurred.
The next day he went to the house
in the afternoon and was met by a
Mrs. Paulina Schmaltz, who informed
him that he did not live there any
longer. She said that she and her
husband had bought the house. When
he went to look for his clothes, he
found them in the basement in an old
trunk, he testified.
Mrs. Nelson, possessor of a more
or less positive jaw, then took the
stand. She told of having kept her
father for years. Of having given
him the money with which to bring
the rest of the family here from Flint,
Michigan, where they formerly lived.
She said that Mr.. Earl, realizing that
his health was failing, had offered
them the property for $3.50 and the
obligations, which they were to as
sumo
She testified sthat they Immediately
began remodeling the house, putting
in big bay-window, plumbing, cleo
tricity, new floors, roof, a furnace,
paint, and fixing up the garage. She
said that her father then told Chris
to sell the place if he could make any
money on it. Chris sold the house to
the Schmaltz family for $4,000 she
said She denied having ever turned
her father out, although, she added,
he had been a drinking man all his
life.
Never Got Money.
Mr., Earl Testified that he had never
received the $3.50 which his daughter
says he got from the sale to them. He
said that he had not asked for any
paper to assure him of his home, for
he trusted to the honesty Of Mrs.
Nelson, and counted on the natural
affection of daughter.
Mrs. Edna Holm, another daughter,
who is now helping provide for the
father, stated that when questioned
regarding the deal, Mrs. Nelson had
told her that Father was to have
home with them for the rest of his
life" but refused to state what con-
sideration had been given for the
transfer of the property. She ad-
mitted, when the question was put
point blank to her, that she now didn't
bear any particularly friendly feeling
toward her sister, Mrs. Nelson.
Ruth, another daughter, corroborat
ed Mrs Holm's testimony relative to
the understanding that the father was
to be cared for during the remainder
of his days by the Nelson's
Mrs. Schmaltz exhibited a weak
memory when she came to testify. For
more than Is minutes she answered
nearly every question st at her by
the attorneys with a sh; Ike of her head
and 81 don't remember, its too much
for me to remember" An injunction
has been placed against the property
to prevent it's sale by the Schmaltz
family, pending the settlement of the
case.