Argument over rights to land between child and parents.
CHARGE THAT SON DEFRAUDED HIS PARENTS Mrs. E. li. Braman Sues for Homestead. : Claims That Transfer Not Understood. LIVED THERE 30 YEARS Woman Aged 72 Years and Husband 79. Signed Deed Giving Farm to Son. Allegations that an' ungrateful son had, by false representations, cheated his aged parents, both of them of advanced age ami the father of feeble mind, out of their homestead and all of their personal property, amounting in value to several thousands of dollars, were made in-the in-the in-the petition in a suit filed in the Shawnee county district court yesterday by the mother to bringr about the recovery of the property in question from the eon and his wife.. The plaintiff also names her aged husband as one of the defendants. The suit war brought by Mrs. ! E. H. Braman against W. C. Braman, her son, Mary A. Braman, wife of the son, and Jonathan W. Braman! husband of the plaintiff. , , - - According to the petition, Mrs. E. H. Braman and her husband, Jonathan W. Braman. owned, prior to last April, ? two adjoining eiphty acre tracts' of farm land in Shawnee county, " each hohjing one of the tracts In fee simple, but using the land as one farm.; They had resided on this farm foi more than thirty years, acording to the plaintiff. The plaintiff says that she is seventy-two seventy-two seventy-two years of age and her husband is seventy-nine. seventy-nine. seventy-nine. He Is, she, avers, of feeble and unsound r?Tnd and not mentally responsible for business transatcionsl On March 1, 1907, says the petition, their son, .W. C. Braman. and his. wife, Mary A. Braman, came to live in a house upon the farm and manage the place for the aged parents. They raised and sold the 4 crops and ' used the money ' themselves and also . received large sums of money from the parents." Frjor to April, 1908, alleges the plaintiff, young Braman and his wife proceeded to persuade, argue with, and influence the elder Braman to make provision in writing writing for the land and personal property to go to them after the death of the par ents,' In return for which the old people were to be given a home, proper care an sufficient income for their needs during their life. " - . -, -, : :- :- " ; ' Toung Braman, says the plaintiff, arranged arranged it with; a notary at Burlingame-, Burlingame-, Burlingame-, Kan., to have drawn up a warranty deed for the conveyance . of the land inr fee simple to himself and also a lease covering covering the land. On April 14, 1D08, he took his aged' parents to Burlingame and, by misrepresentations and with intent to cheat and defraud, Induced them to sign the warranty deed, conveying the title In the property to him, representing that the instrument contained all of the provisions provisions and ; terms made in the previous oral agreement and not permitting the plaintiff to read It. Believing the son, says the plaintiff, she and her husband signed and acknowledged the deed. Thereafter Thereafter it developed, that hy the terms of the deed which had been signed the title in fee simple to the land .was not to remain remain in the name of the parents, until their death, as provided -for -for in the oral agreement, but, on the contrary, was to immediately rest in the son, "W. C. Braman, Braman, together with the ownership, custody custody and control of all personal property. The son, says the plaintiff, had the deed recorded on "April 16, 1908, two days after it was executes, immediately took possession of all the property, and sines that time has claimed to be the owner of all . the property, real and personal. As soon as the plaintiff discovered that she and her husband had been tricked, she asserts, she demanded that the property property be conveyed back to them. The son, W. H. Braman, consulted J. T. Prlngle pf Burlingame, an attorney, and executed a quit claim deed, reconveylng the property. property. This was all right as ; far as It , went, , she says, but Mr. Prlngle has since that time refused to deliver to her the quit claim deed and she believes that this is done as a part of a preconceived plan and at the direction of her son. The plaintiff asks the court to declare null and void the warranty deed and to order the defendants, W. C. Braman and Mary A. Braman, his wife, to execute a deed conveying back to Mrs. E. H. -Braman -Braman and Jonathan Braman all right and title to the lands and to the personal property. The attorneys for Mrs. Braman are Harvey Harvey & Abrahams and Frank H. Foster. ; .