Source:Penniless
"It may make her penniless: But she will endeavor to pay every dollar she owes: An interesting case heard yesterday in the Orphans' Court—Rowand's trial next week." Daily Post (Pittsburgh), Nov. 16, 1883, [p. 4]. Newspapers.com 86362147.
The final hearing took place yesterday in the Orphans' Court in a case whose history is unusually interesting. It pertains to the estate of Henry W. Lang, deceased, and has been before the court for five years. Mr. Lang was a well known and wealthy resident of the East End. Of a family of several daughters, his favorite was Miss Matilda. He died in 1872, leaving a will by which he bequeathed to Matilda a valuable piece of real estate on Lang avenue, with the house thereon, stables, horses, the house furniture, and everything that pertained to the house. Beside this, his estate consisted of bonds, stocks and mortgages, valued at $25,000. His wife was by his will to receive all the benefits of his estate and property, and upon her death Matilda's bequest was to take effect. In addition to the real estate which her father left her, Matilda Lang was named sole executrix. She was young, handsome, stylish, and animated by an upright determination to administer the affairs of the estate for the best interests of the other heirs. All progressed smoothly until about 1878. Two cousins had then commenced business in Chicago. They needed money. She was convinced by them that she could make a profitable investment by selling some of the stocks and securities belonging to the estate, and loaning them the money. Without consulting counsel, and prompted by the dictates of sympathy, she did as they wanted. The other heirs heard of this transaction, and immediately petitioned for an account. She could not give it at the time, and left the city. She visited her relatives in Chicago, and remained there some time. In the interim the heirs pushed the case in court, had her discharged and David Aiken, Jr., substituted as administrator of the estate. The Court passed upon the estate and surcharged her with $14,700. Five thousand of this was part of her father's bequest to her. Her mother, the only one whom the father's favoritism had not prejudiced against her, was old and feeble, never having fully recovered from the shock of her husband's death. She missed the tender attention of her daughter; and, being offended by her continued absence, she too joined in the proceedings against her. A considerable amount of the sum surcharged against the girl was revenues which it was claimed she had collected from the estate and paid to her mother. She had never taken receipts, believing it unnecessary between mother and daughter, and could therefore show no proof of payment.
The heirs took out attachments against everything she owned, and even these scarcely satisfied all the claims. About this time she returned to this city, and retaining N. G. Ayers as counsel filed a bill for review in court. She said she intended paying every cent due the heirs, if it left her in abject poverty, even though her error was not wholly her own, and thought the persistency and haste of the other heirs had forced her into a false position. Her old mother had died. She came into possession of the property on Lang avenue. A bill for review was presented, and for a long time the Court has been taking testimony to determine exactly what is due the estate from her. Yesterday the final hearing, as stated, was had, and the Court took the papers. The decree will be filed in a few days, and should the amount fixed by the decree require it, she will sell her property, pay her debt and probably be penniless.
Rowand's Trial Next Week.
It is probable that the case of the Commonwealth against Clerk Rowand will proceed to trial on Monday next. Mr. Speer says 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 he will not do so until after the trial of the present suit, and not then should Rowand be convicted. In the meantime several clerks are hard at work on the abstract of 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 counsel for the prosecution in the Kennedy–Rowand case, said that the Commonwealth would be ready to proceed to trial Monday next, and that Rowand's anxiety would be abundantly gratified.
They Owe the Money, But—.
The Pittsburgh, McKeesport and Youghiogheny Railroad Company filed an affidavit of defense to the suit of Harris Bros. & Co., to recover $60,000 due on account of work done by the firm in the construction of the railroad of the defendant company. The railroad company answers that it is true there is a balance of $60,000 due from it to Harris Bros. & Co. but says it has been notified by Hough & 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, and the latter says it cannot 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 Hough & Lyons part of the affidavit of defense, and have that firm joined with them as defendants.
A Prisoner's Good Memory.
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 ever he 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.
The other cases disposed of in this Court were: Charles T. Cooper and Charles G. Woods, selling liquor without license; not guilty and county to pay the costs. Wm. Fawcett, assault and battery, pleads nolo contendere and sentenced to pay a fine of $5 and costs. A. W. McGregor, same charge, same plea. W. E. Shearer, assault and battery, on trial.
The Common Pleas Courts.
The following business was transacted in the Common Pleas Courts: No. 1 Court—Mrs. M. Zacharias against Peter Schott and wife; verdict for defendants. Michael Decker against A. C. Weaver & Bro.; verdict for plaintiff for $176 83. 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 and Northern R. R. Co.; motion for a new trial filed. No. 2 Court—Joseph Blair against John Gallagher and wife; verdict for plaintiff for $21 95. G. A. and A. S. Mundorf against Board 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.
Is the Bond Good?
R. B. Parkinson, C. C. Montooth and A. S. McClung were appointed arbitrators by the Court of Quarter Sessions in the case of the Commonwealth against P. C. Byrne impleaded with Michael Byrne. The latter was charged with a misdemeanor before Alderman Kennedy. Failing to appear his bond was forfeited. When the case was called in court suit was ordered entered on the bond. P. C. Byrne, Michael's bondsman, defended by alleging that the bond was intended to be good only for the defendant's appearance before the Alderman, and that it had not been properly certified to court. Half a day was spent arguing the case, and just as it was about to go to the jury the defendant agreed to submit it to the arbitrators named.
The Pay of Orphan's Court Judges.
At the last session of the Legislature a bill was passed making the salary of Orphan's Court Judges the same as that of 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 proceeding against the State Treasurer to compel him to issue warrants for the increased salary.
Buying More Property.
The County Commissioners have about concluded the purchase of the additional piece 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 Company's Story.
The Citizens' Insurance Company filed an affidavit of defense to the suit of Frederick Bell, to recover upon a policy of insurance, alleging that he 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 agreements in the policy, for which reasons he is not entitled to recover.
Redistricting Mifflin Township.
The voters of Mifflin township filed a petition in the Quarter Sessions reciting that the population of that township had very greatly increased, and that the polling places were inconveniently located, and asking for the appointment of commissioners to redistrict the township. H. H. Sarena, Joseph Wirt and A. M. Scott were appointed such commissioners.
A Request to Show Cause.
A citation was issued out of the Orphans' Court to Henry Burchfield to show cause why he should not be discharged as executor of the estate of Maria Burchfield. The allegations are that he has failed to carry out the provisions of the will of the deceased relatives to the education of her son.
Trial Lists for To-Day.
Common Pleas No. 1.—Hurry vs. Walton & Co.; Marlatt vs. Marlatt; Klemans vs. Hess et al.; Discount and Deposit Bank vs. Walter et al.; Arnold and Ackerman vs. Hudson; Palmer vs. Scheitsmantle.
Common Pleas No. 2.—McDade vs. Clark; Guffey et al. vs. Sneathen et al.; Clark vs. Coulter; Seward vs. Moul; Garrison vs. Boyd; Smith et al. vs. Pittsburgh, Allegheny and Manchester Passenger Railway Co.; Smith vs. same; Wighman vs. McCreery; White et al. vs. Hood et al.
Criminal Court—Commonwealth vs. James Mulvaney, Jacob Nagle, John Chapman, Hannah Eisessor, John Greely, Jos. Kornly, Charles Pool, John Nolan, W. E. Shearer, Robert Given, Thos. Hughes, Ed. Morrison, Wm. Facet, Louis Smith, Emma Ridgely, Annie Shannahan, Wm. E. Price, Geo. Miller, Mary Kern, Cath. Sheridan, John McKee, G. P. Miller, Margaret Neely (2), Nicholas Wall, John C. Arnold, Matthew Workman, Andrew N. McGregor, Thomas McMahon, Wm. Dean, Christ. McLean, C. W. Van Essen, Casper Miller, Wm. Lamott, J. B. Goldey, C. W. Stevens, Dan Milcher, Geo. Wanner, James T. Scott, Henry Graham, Ann Burns, J. E. Moran, Daniel Early, Rich. Splane, Thomas Lewis.