Page:United States Reports, Volume 209.djvu/314

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288 OCTOBER TERM, 1907. Opinlon of the Court. 209 U, 8. meanwhile five children were born of the marriage between Manuela Gutman and Bustelo, and the latter died, leaving Surviving him his widow and these five children. From the death of the first husband, in 1875, to January, 1901, Manuela Gutman possessed and controlled all the property which she entered into possession of at the date of the ?leath of her first husband, without rendering accounts of her administration to the court in which the estate .l?d been opened, although that court had full power to control[and direct her administration. The daughters, before their tmarriage, generally lived with their mother and were educated and supported by her, and after their marriage received some allowance for their supl?rt, the extent of which need not be considered. It is undoubted that after th? marriage dissatisfaction on the part of the daughters and their husbands ensued because of the failure of the mother to account and finally settle the estate of the father. This dissatisfaction culminated a short while before January 1, 1901, by the bringing of a suit in the District Court of Porto Rico, in which the succession of the father was pend- ing, seeking to compel the mother to account and distribute the estate. In this suit the daughters were both represented by their attorney, Mr. Cuadra. Shortly after the commence- ment of this proceeding an asserted understanding was had between the mother and her daughters for the entire settle- ment of all matters relative to the property which had ?ome into her po?ession and under her control, as the result of the death of her husband and her minor son, 'the issue of the first marriage. The settlement was embodied in-a writing dated the sixteenth day of January, 1901, and signed by the parties and witnesses, among these witnesses being Mr. 6?mdra, the lawyer of the two daughters, and Mr. Landton, a lawyer- who � represented the mother in the negotiations which preceded the agreement. The agreement, which is in the margin? put- I First. Dona Manuela Gutman, widow of Bustelo, in her own proper right shall deliver immediately to her daughters by her first marriage, named ? Dona M?ia Gaudalup? Rio?, widow of Rubio, aud.Do? Petronila Patrici?