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Syndicate and Y. M. ©. A. of Woburn Want the Same Property. WOBURN, Sept 6—In the superior court in Boston, yesterday, James H. Connolly, through his attorney, James H. Murphy, secured a temporary in junction against Anne Connolly to re strain her from disposing of a certain piece of real estae on Main and Broad sts, this city, pending a hearing on its merits. This is a case of much interest to the people of Woburn. The property question was for many ears OW and occupied by the late John H. Come nelly, who carried on the business of a grocer. Within the past two months the Y. M. C. A. of this city has been anxious to secure a site for a building of its own, and the committee finally settled upon the Connolly estate as, of the few estates that could be purchased, offer ing the best advantages for the pur poses of the association. The latter contemplated , erecting, within a year or two, a fine modernly equipped structure, the first floor for stores and most of the balance for its own purposes. The property has for a short time been on the market, and the street floor had for a few weeks been occupied by the Y. M. C. A. an Summer garden. It was soon noised about the Y. M. A. had made an offer for the property whereupon a syndicate of business men was organized, and before the Y. M. A. committee and Mrs Connolly had agreed on a price the syndicate, through its attorney, stepped in and purchased the estate of Mrs Connolly's agent, and paid a sum of money to bind it. This was a big surprise for the rep resentatives of the association. There were, however, some obstacles which presented themselves before the syndicate. It is alleged that Mrs Connolly refused to pass a deed to the syndicate, as the rice named, $14,000, was made specially ar the Y. M. C. A. There were other and more serious ob stacles on the road of big trade for anyone who desired to purchase. James H. Connolly, son of John Jr. Connolly, claimed an interest in the es tate. John H. Connolly died Dec 28, 1884, and left a will giving the real estate to his two sons, James H. and John H. Jr, subject, however, to a life interest by his wife, Anne Connolly, the defendant in the present action. It was further provided by the will that if the two boys died without issue at the time of death the property was to go to the testator’s brother and sis ter, Owen and Rose Connolly. At the time of testator’s death there was upon the property a mortgage of The plaintiff, James H. Connolly, was employed as bookkeeper in the store. Mrs Connolly, wife of testator, contin ued the business as directed by the will, so as to pay off incumbrances and debts. James H. Connolly stated that his mother died when he was three or four years of age, and that he was brought up by his stepmother, the defendant. Plaintiff claims that representations were mad ‘to him that a mortgage of $2000 was held by a Boston man, and that it would be of interest to the heirs and the life tenant to have it held by a friend of the family, and suggested Ann Faxar. This, he says, was to be done so that there would be no fear of a foreclosure in case the interest was not aid, . Plaintiff says he consented, and signed a paper which was presented him, e says he did not read the paper, nor was it read in his presence. When the property was publicly of fered for sale and two buyers appeared, plaintiff consulted counsel to see wheth er a life tenant could convey away his interest in that estate. It was then, he ascertained for the first time, he says, that the instrument he had signed and which he supposed was necessary for an assignment of a mortgage was, in fact, a joint warranty eed. Plaintiff says that the conveyance to Ann Fagan was made in April, 1885, As the property was subsequently con veyed by Ann Fagan to Anne Connolly, the defendant. Upon this information application was made to Justice Sherman for the injunc tion, which was granted.
Newspaper Details
Boston Daily Globe
Boston, Massachusetts, US
Fri, Sep 06, 1895
Page 18
Full Page
Clipped by
Susan F.
USA 19 Jul 2026
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