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Show SUIT BRQOCKT TO I OilSmURAL wife! Willis Bhivinsliaw, Admiiiistra-jBf fr of His Father's Estate, M t Is Plaintiff. 'M WOMAN CLAIMS A LIFE II ESTATE IN PROPBRTOT Question of Collecting RenisS Also Involved in the IB Mellon Willis Birlrinshnw, administrator oflwj the estate of William Birkiushaw, ivhojlg died here April 13. IMS, leaving property! valued at ;r7000. brought suit again sfcjM Xaucy "Driggs J$irfciiisha one of thejH dead man's plural wives, in the Thirdjay District court, Wednesday to oust herj from property nt 330, o'2412 and 337Slj East Fifth South street, which sliOM claims a life estate in. The suit rc-JB semblcs the Kaleigh case of three yearsn ago. except, that, there are no indica-JH tions that tho dominant church is conrfjj corned in this action. jfiH The plaintiff is the eldest son of theffg dead man. being ZZ years old. ThefP property in dispute, which is tho regi- due of the estate. Mrs. Birkinshaw; claims a life estate in. by virtue of arijfll alleged pretended deed claimed to haveJjiJ been executed and delivered to Mrs.Mp Birkinshaw by Birkinhaw in his life-iwj time: but the sou declares that it isS his belief that no such deed ever ex-ai Mrs. Birkinshaw holds the propertieslal at 530, 524 and 337 Kast Fifth SonllM street, it is alleged, each of which hasp a rental .value of $15 a month, livingm iu the house at 521 whilo sho rents, tho others out. Since March '20 lns$ when he was appointed administrator,! Birkiushaw alleges, he has been entitledl to tho possession of all this property, i aud the rents therefrom, and he dc-Imauds dc-Imauds that "Mrs. Birkiushaw be dc- barred from any estate or inheritance: I of freehold in the premises and br1 j required to surrender possession o I the premises to him. Incidentally; Birkiushaw asks that lrs. Birkiushaw, I bo restrained from collecting any future j rents or profits accruing from the- prop.-i prop.-i erty and for ."J700.75 back Tents. somj of "which runs from September of 19085 Another Suit Pending. , Mrs. Birkinshaw also has a suit pending pend-ing in the Third District court against ; Birkinshaw to restrain him from enter? ; ing upon "the property and interfering. I with her rights, and to recover .OnO. I rent, which he is alleged to have wrong; fullv collected from her tenants. Based I on this suit, the restraining order praypflj for was granted, but was afterwards modified to permit Birkinshaw to re; I ceive euough of the rents to bear thbj j expense of installing proper sewer connection con-nection at 337 East Filth South streoiJ ' Other profits from the property in dis-, pute are being paid io aud held by thoi couuty clerk pending a settlement of tho eontrove.rsw The petition of Birkinshaw shows thft! heirs to bo himself. 53 years old, ot 52-4 East Fifth South street; Charles Birkinshaw, 41, 724-Snow avenue; Milli cent Birkinshaw Patterson, 39, Garj field; Bertha Birkinshaw Graham, 30 20 Jefferson street; Ethel Birkinshaw; Putnam, 29, same place; Benjamin BirkV' iushaw. 30, 777 Hawthorne avenue; Jo-j seph Birkinshaw. 20, 163 North Eiglith West; Thomas Birkinshaw, 33. 72S East PJighth South; Jacob Birkinshaw. a5 Palm avenue: Bessie Birkinshaw Places 21, 524 y. East Fifth South. 'X |