"CONCLUSIONS
OF FACT.
"1.
That said Katharine S. Howard is the daughter of W. H. M
Howard by intermarriage with her mother, who was divorced in
Vermont in 1875, and said plaintiff was 20 years of age in
January, 1889, and has always resided without the state of
Kansas.
"2.
Said Salome C. Howard, defendant, intermarried with said W
H. M. Howard at Beloit, Wis., in 1877, and thereafter they
resided at Geneva, Ill., until August, 1881.
"3.
Prior to such marriage said Salome C. was a widow, and had
derived upward of $ 50,000 from her first husband's
estate, including a mill property at Geneva, Ill., which had
been exchanged for some Chicago property on the basis of $
20,000 value at about the time of the great fire. She had
become acquainted with said W. H. M. Howard some two years
before her marriage to him, and had mortgaged her Chicago
property to raise money for an uncle, and this property being
unproductive, she had thereby become embarrassed, and, having
confidence in Howard, she had deeded the Chicago property to
him before her marriage, without other consideration than
that he was to manage the same in her interest and realize
upon it to the best advantage for her in extricating her
affairs from such difficulties. After her marriage she had
the Geneva real estate conveyed to Howard upon the same
terms, and had allowed him to use and manage her money and
other means upon like terms.
"4.
Prior to August, 1881, the defendant's said property and
means so in the hands of her husband had become greatly
reduced and incumbered, and upon the representation of said
Howard that he had large means, including estates in England
and Ireland, and large personal means in the hands of a
trustee in Washington city, and all of which he was unable to
use, either principal or interest, for the time being, it was
decided that what was left of the Illinois property should be
sold out and a trip should be made to Europe to look after
his claimed estates there. The Chicago property had been
exchanged for Geneva property, and all the real estate was
either sold or mortgaged, and about $ 10,000 in money
realized therefrom, together with the proceeds of the sale of
said defendant's piano, library, and household furniture
and about $ 3,000 in money was realized by her upon the final
settlement with the heirs of her first husband's estate.
"5.
The money so obtained, amounting to between $ 12,000 and $
13,000, was taken into the possession and control of the said
defendant, and with these means the said W. H. M. Howard
(not having any means during his said last marriage other
than so derived from the defendant,) and she furnishing the
means for their expenses on their travels, they went first to
New York city, where said Howard, upon complaint of ill
health, gave up going to Europe, and they traveled for some
two months in the eastern states, and finally decided to go
to Washington city for the winter, to look after his means
there in the hands of a claimed trustee. At Baltimore city
he changed his mind on account of an invitation from Mrs
Thomas Clark, who, with her husband, Thomas, then owned and
occupied the said southeast quarter of section four (4), town
six (6), range seventeen (17), all in said Atchison county,
Kansas, who was then in ill health, and had great confidence
in the ability of said Howard (who is a skilled physician and
surgeon) to cure her, and started with said Salome C. Howard
to visit said Clarks.
"6.
The defendant and her said husband reached said Clarks'
in October or November, 1881, and took up their residence in
the Clark family. At this time there was between $ 10,000 and
$ 11,000 of the said money still in the hands of the
defendant, Salome C. Howard, and the balance spent. From time
to time the Clark farm was improved out of this money, and
other of this money loaned to said Thomas Clark, and the
families continued to live together.
"7.
The defendant had insisted that they should have a farm home,
and that her money should be used for that purpose, and
meanwhile consented that her husband should use the money to
the best advantage, until the opportunity for putting the
same into a farm should arrive, and that during this time the
money should be held and treated as money, and the title to
the farm when acquired taken in her name, and she had reason
to and did believe, until the death of her husband, that this
was done.
"8.
In January, 1883, Mrs. Thomas Clark had died, and Thomas
Clark had a settlement with W. H. M. Howard of the farm
affairs growing out of the advancement to Clark of the money
of Salome C. Howard, and then gave him a note for $ 4,000 and
a mortgage dated January 22, 1883, on the said two tracts of
land to secure the same, the second half-quarter tract being
already under mortgage to A. J. Grover. This mortgage
misdescribed the 160-acre tract, and by action in this court
said mortgage was reformed in this respect; and later, said
Thomas Clark having intermarried with Rondolia C., they
together executed and delivered to said W. H. M. Howard a
deed, of date November 15, 1883, for the said two tracts of
land, the consideration for each said mortgage and deed being
advanced out of the said funds of defendant, Salome C.
Howard, and it being her desire and understanding at the time
that each had been given her in her own name, and such
mortgage decree of court and deed were duly recorded shortly
after their respective dates.
"9.
Shortly before September 23, 1884, said Thomas Clark and wife
separated, said Rondolia leaving the farm, and the defendant
has since resided thereon as her homestead.
"10.
Said action No. 4020 was commenced for the purpose, on the
part of said Rondolia C. Clark and Thomas Clark, of setting
aside the said deed, and during the pendency of which said
Thomas Clark died, leaving Rondolia C. his widow and sole
heir at law; and afterward, on February 23, 1888, the
defendant compromised said action, paying said Rondolia C. $
500, and she executed a release deed and transfer, of date
February 20, 1888, of all interest in and to all property the
subject of such suit, said settlement being in pursuance of
stipulation between said Rondolia C. Clark and said Salome C.
Howard, filed in said action March 5, 1888.
"11.
The defendant, in November, 1884, upon the information that
her husband had left a daughter by a former marriage living
with her mother somewhere in New England, and believing that
her husband had left large wealth which was covered up in the
hands of trustees, went east for the purpose of finding the
plaintiff, and seeing what could be done toward unearthing
her late husband's wealth, and found the plaintiff, then
a minor, living with her mother, then again married, in the
city of Boston, but was unable to get any trace of any hidden
estates or other means as having belonged to her late
husband, or to induce the plaintiff's friends to join
with her in an effort to that end; and...
