Butler County OhArchives News.....Gardner Deed Is Held Valid - Heirs of Andrew Win Suit on Appeal - Scheme to Save Home Bared May 24, 1926
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File contributed for use in USGenWeb Archives by:
Robin Marshall robin_marshall@urscorp.com May 26, 2008, 6:32 am

Hamilton Daily News May 24, 1926
Suit of Carl F. Antenen, as administrator of the estate of Anna Gardner, 
against Elizabeth Frazer and others, was dismissed from the court of appeals 
in a decision made public today. Antenen sought return of property which Anna 
Gardner had conveyed to her son Andrew Gardner in 1910. He asked the court to 
enjoin succession of the property to heirs of Andrew Gardner who died in 1920. 
Anna Gardner died in September 1924, leaving several children. Andrew had 
lived with his mother until his death. The evidence disclosed that Anna 
Gardner had endorsed notes for some of her children and had executed mortgages 
on the home. She was harassed by creditors and sought relief from them and 
stated she had to do something to save her home. To some of the children she 
stated that she was going to deed her property to Andrew, who would give it 
back to her when she wanted it. The court held the evidence tended more to 
support the proposition that the transfer was made to defeat creditors than to 
create a parol? trust on a deed absolute.

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