, 1873-04-29
HECoURTS:
Answer to the Bill for q Receiver
-: to the nICCord Estate.
Two Land Suits--Notes from the
Bankrupt Court,
The Gilbert-Post Libel suit---Tom
White, the Cracksman, on Trial.

White, the crackaman, on Trial.
The Kentucky Lottery Case.
Peter L. Yoe, one Of the defendants to the
bill Of complaint filed against him By Harriet
McCord and otherB, answering says he WAS ap-
pointed co-administrator, jointly with John Mo-
Cord, Of the estate Of tho deceased Jason Nc
Cord, referred to in the bill, and, on the 2sd
December, 1870, was appointed by John McCord
his agent Of and concerning the real estate loft
by said Jason, and on the 9th November, 1871,
agent for the whole Of the real estate in the
City OF Chicago Of said John McCord,
with power Of attorney to mike contracts for
building, to lease to collect and disburae money,
and generally to care for and improve said estate.
That he acted under such powers until the death
OF John McCord, On the 1st Of March last, as to
both estates, and up to the settlement OF the
Jason estate in the Cook County Court On 26th
December last, and has continued in care and
custody thereof ever since, Is he is in duty bound
to do. That John McCord lived ct Gooding's
Grove, VIII County, for many years, and at the
timo OF his death at Blue Island, Cook County,
whera he transacted nearly all his business.
That the presentation by him Of the will OF the
deceased John McCord, to the County Court, and
tho action OF the Court thereon, were duly noticed
BY the widow. and adult heirs, who uero we'll
aware, before the death Of said John McCord, Of
the substantial provisions OF said will, and made
no objection to thom until after tho probate, ex-
cept the widow, who stated that sho thought the
testator had not left her enough; that jason, an
adult son Of the deceased John McCord, WAS
present at the Probate Court during the proceed
ings, and made no objection. That, on the 4th
Of March, Andrew, another adult son OF said
John Mecord obtained a. appeal III from IN the
bate, which suit is still pending; that Andrew
WAS tho only adult heir who prayed such ap-
peal; that tho filing Of the bill OF complaint
herein by said Andrew is waiver OF such
appeal; and that Sarah Ann Pettllohn, an adult
daushter Of Johu II. Cord, departed this life on
the 18th April instant, leaving two infants, Elsie
and George Pettijohn; that, as executor, he has
possession Of the deceased q personal estate, e1-
cepting portions thereof in the hands OF tho
pendency Of this litigation; and he claims the
right, subject to tho proper control OF the Court,
to manage and control said estate; but he de-
MES that he has c1aimed to do 80 without per-
the estate, Of tho amount of property on hand,
or of what tho property consisted; but TINT, on
the contrary, before tho appeal herein was
taken, be mot the adult heirs by appoint
ment, on tho 18th or goth Of March
Last, at tho Office Of Mr.. Holden their solicitor,
referred to, as far as he Was able and he fur
ther told them that their father being lkte1y
deceased, ho had not been able to complete the
list, but was thon engaged in making an invan-
would have been fully shown had the appGsl
not been taken He admits going to the home
stead, in Blue Island, and taking possession
there Of the personal property, for which, as
executor, be vas responslbie, With tho exception
Of about 1900 that Waa in the house, about
$500 worth Of Government coupon bonds,
which wero in the hands Of the widow, and about
$1,000 worth Of furniture but be denies there
making use OF the expressions attributed to him.
He had ia his possession at the time OF John Nc
Cords death, OF his personal estate about 9104,-
500 worth Of United states Government bonds,
81 600 in City OF Chicago bonds, 920, 900 in bank
stock, and right to about $40, 900 other stock
subject to payment out Of the estate also 8
large amount Of notes secured BY trust deeds, in
which defendant is trustee, with the exception
Of one on which Sc, 600 remains due IN which L.
C. P. Freer is trustee, and about $4,000 cash
on hand He goes minutely into the charges
uado as to the building, making contracts, and
so forth, and answers generally that his conduct
interest OF the heirs showing, with reference
to the building contracts, that they were entered
upon during the lifetime Of John McCord,
and With era big approval mt ho ., aemes aenn9
mind when he made the will that Was admitted
to probate. It is true that he was In feeble
health. but it is denied that any undue influence
was brought by defendant. He ayers his ability
to manage the estate, and denies that the appeal
from The County Court was taken in good faith,
alleging that such appeal is solely in the interest
Of adult heirs, and in prejudice to the minor
heirs for proof Of which he refers to the will il
self He insists that the minor heirs should
have been made defendants and not complain
said bill ought to be prosecuted by the minor
hairH against their manifest interests.
He has heard that tho widow, on: Or
about the 14th Of March last, renonnced the
take her dover and share Of the estate as though
no will had been made, and he insists that she
has not shown any right to contest said will or to
have Receiver appointed to the estate. Ho
sketches the history OF his intimacy With Jason
and John McCord, to chow thnt it WAS no i'm
proper act Of his but rather as the reBut Of thor
confidence in him, that led to his becoming agent
Of the estato
In the Superior Court, John sandgreen files
bill in chancery against Joseph E. Lockwood.
In h1s bill, complainant AYERS thnt in March,
1872. he entered into negotiations with Messra.
Lime and Hawkinson tending to q purchase
Of piece Of real eatate from J. E. Lockwood,
whose agents they are; that he agreed, upon
certain terms, to purchase 3 lot in Lake. Wow,
which they represented as containing 80 feet
inches front by 150.feet in depth that, after
making his payment he asked for warranty
deed, but they declined to give him one, e1cept-
inn for lot containing only Is feet front that
they offered him 975 to make up the deficit,
which he declined to accept, as the prico Of the
lot was $780, Complainant asks that defendant
be brought into chancery and DO made to fulfill
he original contract.
Henry 8. Dietrich AYERS thatt On the 18th OF
March last, together with one William H. Phare,