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A Big Family Fight

A Big Family Fight image
Parent Issue
Day
28
Month
April
Year
1899
Copyright
Public Domain
OCR Text

Thb hearing in the probate court of the petitiou of William J. Weoater, of York, to revive the commission on claims on the estáte of Jarnos W. Waugh, deceased, was this morcing adjourned to May 25. Raudall & Jones are the attorueys for Mr. Webster and E. B. Norris and M. J. Lehman for the two daughters and Naham Waugh, of Gaylord, who conititute the three heirs opposiug the claims of Webster. In conuection with this case therc is some old history that is of interest. It was brought oat iu a bilí iu cbaiicery filed Sept. 6, 1876, by James Wangh aud Rhoda D. Waugh his wife againsc Naham A. Waugh, Mary F. Wangh aud Albert Warner. A. J. Sawytr was the solicitor for tbe coinplainauts. Frazer & Hamiltou appeared for the defendauts. After a copy of the bill was served, the cause was settled by Naham deeding back to his father all the property he had received. The allegation of the complaiuants as stated in their bill were abont as fcllows : After stating that they were i husband and wife and had been mai - : ried 27 years, Mr. Wangh Eaid he had three children from a former wife viz. Sarah A., Nancy and Nathau Í. . Wangh. That on Jan. 31, 1872, Mr. I Waugh was the owner of 40 acres of land and a land contract for 40 acres I more. That on the land there was a I house and a shop for manufacturiug rakes and farm machiuery. He also owned a spau of gray horses, harness, wagons, hogs, heifers, etc., etc., all of the value of $800. That up to the time meutioned the rclationship between the father and only son had been very confidential. The father being aged, the sou proposed to the father that inasmuch as they (his father and stepmother) were becoming aged and inflrm, if they would convey the said property to him he the said Naham A. Waugh would support and maiutain thern during the balance of their natural lives and would pay all their debts, which at this time amonuted to about 300 and complainaut James A. Wangh could help so far as he feit disposed. xnere was aiso a eider mili ou the property and Naham proposed giving his father one-half of the income thereof. It was agreed that the contract was snch that in case Naham did not carry out the proposed couditions all the property was to be returned to his father. The proposed agreement was aeeppted and relying on Naham, a depd was executed Jan. 1,1872 conveying the propery to hini with a nominal consincration of $2,000. To secure the performance ot Naham's agreement a bond and mortgage was given by Naham to his father, ünder these papers Naham took possession of the property. lhe bill fnrther sets forth that the mortgage, bond, etc, were not expressed to fully protect the father, and that the son failed to carry out his agreements "said defendants have uot maintained and supported your orator and oratrix and that said defeudants have not provided for complainants proper and suitable board, clothing and lodging while in health nor procer care and nursing and medical attendance iu sickuess. " "Thatthey have during most of the time since entering into said arrangements with said defendants stood in great ueed of clothiug and have freqnently appliea to said Naiham A Waugh to be supplied therewith but on one pretext and another he bas put them off until finally be has utterly refnsed to fnruish them with anytbing inore or do or attempt to do anything further towards the fnlfillment of said bond or contract, and iuformed said complaiuant that tbey migbt foreclose said mortgage as soou as they pleased and he wonld show a big ñght. " After reciting furtber alleged wrongs such as keeping iriends aud relatives from visitiug, an iujunction to restram the defeudants from disposing of the property was asked for and grauted. This oase was, as stated, ettled between the parties by the defendauts roturning the property to Mr. Waugh. It was after this time tJiat WilJiam J. Webster claims that hia stepfather James W. Waugh asked him to step into the sobes substan tiully of rhb sou Nahatn Waugh. TJJ8 "big fight" seems to be on aud the case will be sharply contested before it is settled