Source:Lang-estate
"The Lang estate: A family dispute in the Orphans Court: The P., McK. & Y. answer to Harris Brothers—Rowand's case—an education—grist from the legal mills." Pittsburgh Commercial Gazette, Nov. 16, 1883, p. 2. Newspapers.com 85615570.
The final hearing in the Lang estate case was held before Judge Over in the Orphans' Court yesterday. The history of this suit is altogether out of the common run of events at court. In 1872 Henry W. Lang, one of the prominent residents of the East End died, his wife and several daughters surviving him. In his will he directed that his wife should receive the full benefit of his estate as long as she lived, and upon her death the estate, consisting of a valuable piece of property on Lang avenue, upon which the family residence was erected, the furniture, houses, carriages, etc., and securities amountnig [sic] to $25,000, was to go to his favorite daughter Matilda. The latter was named sole executrix and at once took charge of her father's affairs. Until 1878 all went smoothly, but in that year two cousins of Miss Lang embarked in business in Chicago. They needed money and convinced Miss Lang that a loan to them would be a good investment. Having sole control she sold a portion of the stocks held by the estate without consulting any one, and loaned the cousins the proceeds.
Leaving the City.
When the other heirs learned of this transaction they demanded an account. Miss Lang could not give it at that period and left the city, going to Chicago on a visit to her relatives, where she remained for some time. While she was away the heirs charging her with having absconded, pushed the case in court, had her discharged and Mr. David Aiken, Jr. substituted as administrator of the estate. The court passed upon the estate and surcharged Miss Lang with $14,700. Five thousand dollars of this was a part of her father's bequest to her, and a considerable amount was revenues she had collected from the estate and paid to her mother. She had never taken receipts, not believing this necessary between mother and daughter, and could therefore show no proof of payment. The heirs of the estate took out attachments against everything she owned and even then scarcely satisfied all the claims.
Miss Lang's Answer.
About this time Miss Lang returned to Pittsburgh, and retaining Mr. N. G. Ayers as counsel, filed a bill for review in court. She said that she intended paying every cent due the heirs of the estate if it left her in abject poverty, even though her error was not wholly her own and though the persistency and haste of the other heirs had forced her into her false position. Her mother having died, she came into possession of the property on Lang avenue. A bill for review of the case was presented, and for a long time past the Court has been engaged in taking testimony in the case to determine exactly what is due the estate from her. Yesterday the final hearing was had and the Court took the papers. The decree will be filed in a few days.
The Debt Acknowledged.
Why the P., McK. & Y. Retains Harris Brothers' Money.
The Pittsburgh, McKeesport & Youghiogheny Railroad Company filed an affidavit of defense yesterday to the suit of Harris Bros. & Co. to recover $60,000 of a balance due on account of work done by that firm in the construction of the railroad of the defendant company. The railroad company answers that it is true that there is a balance of $60,000 due from it to Harris Bros. & Co., but says that it has been notified by Hughes & Lyons, sub-contractors, not to pay the same because Harris Bros. & Co. are indebted to them in that amount, for the recovery of which they have filed their bill in equity. This notice was given prior to the commencement of the suit of Harris Bros. & Co. against the railroad company, and the latter says it can not safely pay the sum demanded until the dispute between the parties to the equity proceeding has been decided, and asks the Court to make the bill in equity filed by Hughes & Lyons part of the affidavit of defense and to have that firm joined with them as defendants.
The Commonwealth Ready.
Controller Speer and General Pearson on the Rowand Case.
It is probable that the case of the Commonwealth against A. H. Rowand, Clerk of Courts, will proceed to trial Monday next. Mr. Speer says that if the end sought can be accomplished by means of the present case it is not worth while for him to make a new information, so that he will not do so until after the trial of the present case and not then should Mr. Rowand be convicted. In the meantime several clerks are hard at work on the abstract of Mr. Rowand's books in the hands of the Controller, preparing an itemized account of the amounts received and distributed by the Clerk, to be made part of the affidavit of claim by the Commissioners in their suit to recover from the Clerk the $47,784.34 deficiency reported by the Controller. General Pearson, of the counsel for the prosecution in the Kennedy–Rowand case, said yesterday that the Commonwealth would be ready to proceed to trial Monday next, and that Mr. Rowand's anxiety would be abundantly gratified.
Common Pleas Business.
The following business was transacted in the Common Pleas Courts yesterday: Common Pleas No.&nsbsp;1, Judges Collier and Bailey: Ephraim Spahr against J. F. McCombs and Geo. McCombs, jury discharged; Mrs. M. Zacharias against Peter Schott and wife, verdict for defendants; Michael Decker against A. C. Weaver & Bro., verdict for plaintiff in sum of $176.83; J. O. Percival against borough of West Liberty, judgment of compulsory non suit; Leo Willman against Joseph Weber and wife, action in debt, on trial; David S. Elliott against Annie M. Gross, on trial; Hilands et ux. against the Pittsburgh & Northern Railroad Company, motion for new trial filed.
Common Pleas No. 2: Joseph Blair against John Gallagher and wife, verdict for plaintiff in sum of $21.95; G. A. and A. S. Murdorf against Bord of School Directors of Kilbuck township, motion to have non suit taken off filed; H. C. Lyon, administrator of F. A. Clark, against S. McCain & Co., on trial.
All About a Bond.
Messrs. R. B. Parkinson, C. C. Montooth and A. S. McClung were appointed arbitrators by the Court of Quarter Sessions yesterday in the case of the Commonwealth against P. C. Byrne, impleaded with M. Byrne. Michael Byrne was charged with fornix et cet. by Mrs. Beck before Alderman Kennedy. Failing to appear his bond was forfeited. When the case was called in court suit was ordered to be entered on the bond. P. C. Byrne, Michael's bondsman, defended by alleging that the bond was intended to be good only for Michael's appearance before the Alderman and that it had not been properly certified to the court. Half a day was spent in arguing the case and just as it was about to go to the jury the defendant agreed to submit it to the arbitrators named.
Want the Increase.
At the last session of the Legislature a bill was passed making the salary of Orphans Court judges the same as that of the Common Pleas judges. Under this act Judges Hawkins and Over, who have been receiving $5,000 per year, are entitled to receive $6,000, but the same Legislature neglected to make an appropriation to pay the increase. The Orphans Court judges of Philadelphia county are in a similar predicament and have commenced mandamus proceedings against the State Treasurer to compel him to issue warrants for the increased salary.
Afraid of Kirkpatrick.
When Jack Ewing was called for trial for larceny in the Criminal Court yesterday, he arose and said he did not wish to be tried before Judge Kirkpatrick, because the latter had stated when he was up on a former occasion that if he ever came up again he would give him five years and that he was afraid the Court was prejudiced. Judge Kirkpatrick said he would not try the case under the circumstances.
Claims Misrepresentation.
The Citizens Insurance Company filed an affidavit of defense yesterday to the suit of Frederick Bell to recover upon a policy of insurance. The defendant company avers that the plaintiff misrepresented the character of his building at the time the risk was taken and that since the fire he has not acted in accordance with his agreement in the policy, for which reasons he is not entitled to recover.
Wills Filed.
The will of Elizabeth Schmidt, late of the Twenty-seventh ward, this city, was filed for probate yesterday. It is dated February 1, and appoints J. P. Schmidt, her husband, executor. The will of the late Duncan C. Jackson was also filed. It is dated May 18, 1882, leaves all his estate to his mother and appoints John D. and James T. Jackson, brothers of the deceased, executors. The will of R. C. Warul, late of the borough of Elizabeth, was also filed. It is dated May 6, 1883, and has a codicil dated August 8, 1880.
Wants an Education.
A citation was issued out of the Orphans Court yesterday to Henry Burchfield to show cause why he should not be discharged as executor of the estate of Maria Burchfield. The citation was issued upon the petition of Andrew Burchfield, minor son of Henry Burchfield. Mrs. Burchfield left some property to her husband and made him executor of her will, which directed that he should apply the proceeds of the estate to the education of their minor son. It is said he has failed to do so.
'Court Notes.
The voters of Mifflin township filed a petition yesterday in the Court of Quarter Sessions asking for the appointment of commissioners to redistrict the township. H. H. Sarena, Joseph Wirt and A. M. Scott were appointed such commissioners.
John L. Gill and wife are plaintiffs in error in a number of suits removed from Alderman Callen's office, where Wm. Parks, Daniel Nichols, David Boyle, Henry Hugle, J. M. Caldwell, J. Bystrum, J. Thompson, W. Able, Chas. Harb, Chas. M. Richards, G. N. Mohler and W. H. Cox recovered judgments against Mrs. Gill for wages.
The County Commissioners have about concluded the purchase of two additional pieces of property on Ross street to be used as a site for a new jail. The Commissioners have now expended $50,000 on this property and expect to secure the rest for about $75,000. The reports of the architects making plans for the new county buildings are not expected before the beginning of the year.
The following cases were disposed of in the Criminal Court yesterday before Judge Kirkpatrick: Charles T. Cooper and Chas. G. Woods, selling liquor without license; not guilty and county to pay the costs. Wm. Fawcett, assault and battery; plead nolo contendere and sentenced to pay a fine of $5 and costs. A. W. McGregor, same charge and same plea. W. E. Shearer, assault and battery; on trial.
Trial Lists for To-Day.
Common Pleas No. 1.—Hurry vs. Walton & Co.; Marlatt vs. Marlatt; Klemans vs Hess et al.; Discount & Deposit Bank vs. Walter et al.; Arnold & Ackerman vs. Hudson; Palmer vs. Sheitemantle.
Common Pleas No. 2.—McDade vs. Clark; Gufley et al. vs. Sneathen et al.; Clark vs. Coulter; Seward vs. Moul; Garrison vs. Boyd; Smith et al. vs. Pittsburgh, Allegheny & Manchester Passenger Railway Co.; Smith vs. same; Wightman vs. McCreery; White et al. vs. Hood et al.
Criminal Court.—James Mulvaney, Jacob Nagle, John Chapman, Hannah Elsessor, John Greely, Jos. Kornly, Charles Pool, John Nolan, W. E. Sherer, Robt. Given, Thomas Hughes, Ed. Morrison, Wm. Facet, Louis Smith, Emma Ridgley, Annie Shawnahan, Wm. E. Price, Geo. Miller, Mary Kern, Cath. Sheridan, John McKee, G. P. Miller, Margaret Neely, 2, Nicholas Wall, John C. Arnold, Mathew Workman, Andrew N. McGregor, Thomas McMahon, Wm. Dean, Christ McLean, C. W. Van Essen, Casper Miller, Wm. Lamon, J. B. Goldey, C. W. Stevens, Dan. Milcher, Geo. Warmer, Jas. S. Scott, Henry Graham, Ann Burns, J. E. Moran, Daniel Earley, Rich. Splane, Thos. Lewis.