Martin Gilford Lee
Probate Davenport Iowa
The Lee Deeds
Children ask that they be set aside.
Say Property Was Given to His Wife and Sold to Davenporters After He Became Incompetent to Transact Business, and While Under Undue Influence
The expected case in equity growing out of the death of M. G. Lee and the prompt filing of deeds under which he had given most of his Davenport property to his wife, showed up in the district court here this morning. The suit is entitled Emma C. Lamb, Hattie c. McCreary and Clinton R. Lee vs Mary A. Lee, S. W. Pierce, Carsten N. Petersen and Ella L. Kerker, and is brought by W. M. Chamberlin and Lischer, Bawden & Neal in behalf of the plaintiffs.
The plaintiffs call the attention of the court to the fact that M. G. Lee, their father, died at Barry, Ill., April 28, 1901, and allege that at the time of his death he was the owner of the following real estate situated in Scott county, Ia.
1. Lot with 32-foot frontage on Front street between Perry and Rock Island streets.
2. Two lots each with 644-foot frontage on Bridge avenue near Fifteenth street.
3. Lot with 80-foot frontage on Thirteenth between Arlington and Carey avenues.
4. Lot with 17-foot frontage on Front street between Brady and Perry streets.
5. Lot with 60-foot frontage on Main street between Seventh and Eighth streets.
The Plaintiffs state that they are the children and only heirs at law of the said M. G. Lee, and that the defendant Mary A. Lee, his widow, is entitled to a one-third interest in the said real estate. She and the other defendants are stated to be claiming title to certain parts of the real estate described, because of pretended deeds, copies of which are attached to the petition.
These deeds show that July 26, 1897, Mr. Lee deeded to his wife, for $1 and love and affection, the third piece of property described above, and that Jan. 27, 1899, he deeded her the first and second properties, for a similar consideration.
Last October Mr. and Mrs. Lee joined in a sale of one of the 64-foot Bridge avenue lots to Ella L. Kerker, for $2,300.
By deed of Feb. 4, 1901, they sold to S. W. Piece, the 60-foot lot on Main street, for $2,700, and the 17-foot property on Front street, for $2,600.
In a contract of sale, drawn Oct. 3, 1900, and witnessed before C. H. Hubbell, notary public, Mr. and Mrs. Lee agreed to sell the 32-foot Front street lot, held by Mrs. Lee by deed from her husband, to Carsten N. Petersen, for $4,400.
All of these deeds and contracts the plaintiffs claim to be illegal and invalid, because "when said pretended transfers were made said M. G. Lee, by said defendants or some of them."
It is therefore claimed by the plaintiffs that all the property still belonged to M. G. Lee at the time of his death and that it should be distributed among his heirs and the deeds set aside as void and of no effect. The court is asked to enjoin the defendants from selling or conveying the same. Clinton R. Lee, on behalf of the heirs, attests to the truth of the allegations in the petition.