Sold All His Interest

SOLD ALL HIS INTEREST

IN THE JOHN M. WAGNER ESTATE.

TAKING HIS PART OF THE ESTATE DURING HIS FATHERS LIFE TIME.

In the chancery case of Charles W Merriam, Isaac S. Collins and George W. Dexter, complainants of Charles E. Wagner, Mary L. Wagner, Reuben Wagner and George Wagner, defendants, the joint and several answers of these defendants was filed this morning in the county clerk's office by their solicitor, J. Q. A. Sessions. They make the formal denial of all allegations of fraud. They admit that their father, John M. Wagner, died in the township of Scio, July 25, 1897, and left an estate of real and personal property to the amount of $23,362.03, as appeared by the inventory. They deny that at the time of the death of John Wagner, Charles Wagner was the owner of an undivided one-seventh part of the lands or had any interest whatever in the personal property belonging to the estate of John W. Wagner, deceased. They further say that Charles E. Wagner and Mary L. Wagner, his wife May 10, 1899, made and executed a deed to the defendants, George and Reuben Wagner, which was recorded June 8, 1899, conveying his interests in the lands for a consideration of $500, and that it was not done for the purpose of defrauding his creditors or to delay the collection of any claim.

"That said Franklin D. Wagner has conveyed all his right, title and interest of said estate to said George Wagner, and that said Charles E. Wagner and wife have conveyed all their interest in said estate to Reuben and George Wagner; that those who are interested in said estate are as follows: Mary E., George, Clara, Reuben and Henry Wagner, and that there were residing at the homestead of said John M. Wagner and upon the real estate described in said bill of complaint, at the time of his decease, the following named heirs: "George, Reuben, Mary E. and Clara Wagner; that the remainder of said heirs at law had left said farm."

The defendants claim that Charles E. Wagner left his home on said homestead on or about 1874, and went into business for himself in Lansing, An Arbor, Danville and Chicago, and believe he was unsuccessful. Their father, John M. Wagner, from time to time advanced his son money. That on January 27, 1890, Charles E. Wagner executed and delivered to his father a receipt, of which the following is said to be a copy:

''Ann Arbor, Jan. 27, 1890. Received from J. M. Wagner ten thousand dollars. being my full share in the estate of J. M. Wagner now and forever. Charles E. Wagner."

They say the deed was only given by Charles E. Wagner to clear up the title to the land, as he was owing the estate, and that the consideration of $500 was only inserted at the suggestion of their attorney.

In conclusion, the defendants state that whatever interest Charles E. Wagner may nominally have, legally and equitably belongs to the other children.

The plaintiff bill was filed in aid of execution against Charles E. Wagner.