, 1872-12-28

TAKE CHARGE OF THE EFFECTS
and settle md arrange the affairs OF tho sa;G
with the said Downing. and the said Desui,,:
then aad there rendered tie following ACCOUNT;
VIZ:
John Bost.fct, to y. F. Do,rning Dr..
Sept 13 To board to date for sei and wife from
Sept 70 board to date for J. nislam, from '1'0
5000
$500
Sept. II. Or. by cash and sundrtes 25.40
1850
And @ On the 18Th day q October, 4; D. 1856, be,
day, said Cornell rendered to said
Hlgham his account against said Bostvick, and
said Higham adjusted aud paid the same Us
claimed, and departed from said County Of Cook.
DARE DEATH-sCEEE.
Tbs said Cornell and said Downing, and their
copfederates, concealed from them tho said
plaintiffs, and from said Laura 4. Seeber and
her husband, the said deed Of caid land, 80 that
until late in the year 1872. 1t the time OF tho
death Of him, said John Bostwick, he said John
Bostwick WAS in possession OF 80 acres Of land
in the County OF Cook, being the west hall Of
said township thirty-eight (39) north, IN range
fourteen az east Of the thifd principal meridi-
an, near the southern limits Of tie City OF
Chicago, and had fenced and improved the same.
but, as these plaintiffs are informed and
verify believe, because Of said illness,
he. said John Bostwick, had not paid in full for
! the same, but wes indebted thereon to divers
persona who claimed tho amount Of such in
Der, $3.50; for grading streets and plowing,
$71G50: for white@ashing fences ETC., 5000;
for saving cedar posts, SIS: and for payment
upon land, s2, GOO. And the said Cornell and
quainted with his interest in said aforementioned
land, and tho value thereof, persuaded the said
Higham that said land vas Of little value, and
pretended to sell the asid interest in the to
one Ralston B. Palmer for the sum Of $4,000,
notwithstanding the same WAS worth $50, 600, and
! suppressed the contract OF sale to said John
Bostwick, and applied said money to the payment
| for said land md said debts of said John Do5t-
pleased Notwithstanding they had not been ad-
Judged or allowed against the estate Of said de-
ceased) together with his DOCTORS bill and
| coffin, and charged as commissions Of said
! he, said Downing, paying said Paul Cornell
therefrom for his services ESQ Called, and after
! tho eaid payments had been made, and said $400
] confscated by said confedarates, as aforesaid,
there was still left from such sale, in the hands
Of said Paul Cornell, balance IN notes or money
of s240.50 on the 18th day Of October A. .:
/ 1855. And on the same day said Cornell let said
j Higham have 9l50 which it was stipul lated said
Cornell VAS to take out OF sid notes, which
sum these plaintiffs believe and 50 charge the
! truth to be said Cornell gayo to said
i Highnm to get him to leave the County
! Of Cook, and get out Of the way, so that
a plan might be perfected and carried
out whereby the title to both said tracts OF land
might be obtained BY said parties and their CON
! federntes, and the widows and heirs Of sald John
| BostWick despoiled thereof.
/ THE NEXT STEP.
And thereafter, to-Wit, on the 18th day OF
| November, 4. D. 1855, to-Wit &c days after the
| death OF said John Bostwick, and about 80 days
after he eaid Downing had announced to the
wife Of him, said Bostwick at his said Bost-
wick's residence in Alton, that he was sicE, aud
payment Of his whole bill and demand against
| him, said John Bostwick, he, the said Downing,
with the said Cornell and others, to-wit, Ralston
B. Palmer Lewis ". Stone, Benjamin r. Smith,
| ty Judge Of Cook County, petition that
| administration OF the estate OF tho said
John Bostwick, deceased, might be grant
cd to him, said Downing, wherein and
t said County Judge that said Bostwick was real
i dent Of said County Of Cook that he left prop
erty in SAID county, and that said property and
effects consisted Of lands in said County OF
said estate to the amount OF fifty dollars for
| board. Said petition was prepared aud pre-
sentcd By said Cornell, OF under the direction Of
said Cornell, who was then q practising attor--
ncy, and was sworn to By said Downing, aud
these plaintiffs charge the truth to bo that said
=; Downing and Cornell, and their confederates,
we'll knew that the Bworn statement that he, said
Downing, WAS then creditor Of said estate is
: false and that the statement that aaid Bost-
wick was Of Cook County was also false; and
that both said statements were made to deceive
tho said County Judge in the points necessary to
Lis jurisdiction. And these plaintiffs show
sAx rn1- IA
ment that said Downing Eas creditor OF
eaid Bostwick, and in its statement that said
Bostwick was OF the County Of Cook. And upon
The day, the said petition being filed IN tho
County Court Of Cook County, the said Court
thereon and deceived thereby, ordered that ad-
u1inistration OF the estate OF said Boatwick be
granted to said Benjamin F. Downing, and
having produced b bond with eaid Paul Cornell
aud Lewis ". Stone as his securities,
| LETTERS OF ADMINISTRATION
we're then ana there ordered to be issued to him,
and wero issued to him, said Downing. No evil
dence wns offered to show that Bostwick resided
] or had q mansion house in tho County Of Cook,
and said Court did not find or adjudge that ho
said John BostUick had = mansion house or known
place Of residence in said County Of Cook, and
these plaintiffs show that the only residence OF
aaid Bo.twick was in said County Of Madison and
was well known to the said confederates. And
thereafter the said Downing filed inventory
OF the roal estate belonging 10 the e2tate or the
said John Bostwick deceased. including therein
the said southwest quarter OF Section IA and
representing the same to bo subject to an art-
clo Of agreement for the sale OF one equal und-
vided hnlf thereof to Raid Paul Cornell, md also
the said interest in said Section three (s), which
he said Downing as . land agent in conjunction
with said Cornell, had pretended to sell, setting
tho same forth "a follows: " An agreement in
writing for the option and refusal to purchase
within four months from the 5th day Of june
4. D. 1885, OF one David Hess, the west half Of
the southwest quarter OF Section three (3), in
Township thirty-eight (3s), north Of range four
teen Q4), east Of the third principal meridian,
] provided the said Bostwick should, at the expi-
ration Of tho said four months pay the sum Of
twen:y-six {s2,600) hundred dollars,
which said (s2,eo6) twenty-six, hundred
was paid on the execution Of said agrooment.' y
In said pretended proceeding in administration
there we're fled IN said County Court, against
the estate OF said John Bostwick, three clainls
only, viz. said Benjamin F. Downing fled a
substantial copy OF the bill aboveset forth which