, 1874-07-28
THE DOUGLAS ESTATE.
Judge Williams Declares Il Belongs
10 tle Ilcfrs,
Tho Salo by the Executor Ii Ordered
Set Aside. -,
Mrs. Gen. Williams Bill Dismissed.

Mrs. Gen. Williams Bill Dismissed.
Judge Williams rendered t!ecleion yesterday
afternoon whio1, ivca tho heirs Of Tho Into
etophen Il. Douglas about $3.50 900, orit ooulv-
afont in raal estate. Tho caBo wna that ct
Adolo Williams, formerly Mrs. Douglas against
r. 8. Dobbi,B, Richard Grogg, Daniel T..
Rhodes, r. N. Douglas. 8. A, Douglas, and
Robert Williams.
MRS. DOUGLAS HTATEp
that when her husband dol lo left largo
amount Of land in Calumet sousll Chicago,
and tho southern part Of tho city;
that D. 2. Rhodes, tho executor, illod
q petition In tho County Court asking
that all this land be aold for tho payment OF tho
dcbtH of tho dcoenacd Senator. In 1864 tho
property MAS sold for nbont s25, 900 moro than
tho inoumbrancoa. amounting to $500,000,
and purchased by Thomas 3. Dobbins; that
Nhodos. tho executor, Was Interested In tl,o salo
and therefore 1t MAS void. Moreover, 1t waa
claimed that tho petition showed tho land WAS
worth. at least e1c0,0o and therefore q sale Of
tho whole to antisfy debts of about $4,000 (all
that bad then boon ptoycl) was clenr1y illegal;
that ull sales Of moro than enough to pay tle
debts voro ultra yiroa and void. The
bill therefore asked TINT the executors salo be
bot aside on the above roasona, and also DO.
cauBa material facta had Binco TINT ti,no boon
dlHcoYored. A oroBs bill was fllod by Robert II,
and Stephen A. Douglas, asking for similar 70.
liof. 50
1upaE WILLIAMS
remarked, in delivering this opinion, thai there
wero no distinct avormonts Of the valuo Of tho
property in tho petition to sell; that tho patti
tonor ,onght rot to ;. he rse3ndsccd by his
raiuo could nos possibly 30 I doflnitoly
-ascortatned. Tho actual dobtB far exceeded
tho. valuo OF. tho property and il
wa. tho duty Of tho executor, who knew Of thor
Ssna hopR tsy boon T. sa'd Il ny s
OF. tho creditors. did not provo their claiuls
against Douglas oatato becauao thoy supposed
Tho estate could not pay thom, and thoy would
aays seir fsoa9e ~ for notang Tae coaEt or
then tho debts wore: not ali paid, md aomo Aro
The ssllogatious of
| THE 1NTEREsr OF RHODES
in tho property was tho cInim principally relied
on. It such was o fact, tint Rhodes was inter-
eated, aud Dohbina aud Gregg knew at it. then
,tho Bao wonId, OF nocoRsity bo sot aside. Il ap-
! peared, evidently, that Rhodes, who was cousin
q Douglas, md Who promised to 800 after tic
| widow and heirs, had mado numerous aud to-
peatod attempts to extrioate tho estate from oni-
barrassmont: Thore Tero at that t'ulo
9hsz Gad Bsen on folso,ossd ss s' and acne
tho equity Of redemption was about to expire.
Rhodes applied to seyeral parties to help linn.
but in vain. He oven offered to pay q part Of
tue Smith nortEage himself to save the equity
| that the property WAS worthless oyor and above
tho incumbrances on IT,. Finally ho f1ed a petit
ton to have tho land Bold In ordor to prevent tho
| foreclosure OF redemption, undor tho Smith
| Affair md In
ducod Dobbins to bccono tho purchaser at tho
| sale, on tho condition that ho (1ttodos) should
guaranty him, agalisat loss and talsa all intoreat
Kholea admittod to Mrs. Douglas by a
letter that, In November, 1885, 10 had an
interest In the property but ho clalmed he az.
mittod also that DobbinB would not 90 In unless
he joinod, and he must, therefore. hayo Ind an
iutorcst at tho timc Of tho sale. Moreover, tha
hookkoopoT :, of pobbns. and tho Testimony ..
that Rhodes had an interest at or about tho tiM.o
Of tho executors sale. It does not matter what
Rhodes intuntious woro.
l -~.-~ --'' THE Law IS VERY orEAn,
and will not allow an executor to bo Interested
in such caso, eyon though it be In good faitll
Tho duties aud intorests OF buyer aud sellor are
motrically opposed. RHODES certainly bud nc
t Of d9t'audng Mrs: tnougs 2; Or te
ssle, and tho rosnlt in tho eyo of tho law ia tho
Same; the Hale must be declared Inv aid.
~, But wns
| MRS, WILLIAMS ;
guilty Of 1acheh Slio received ! letter from
Rhodes in January, 1865, stating that he had GU
interest, and another in 1867. Gen. Williams
also waH well cognizant Of the fnct, and could
certainly have bad no object in deceiyiug
Ills wife, Or hiding tho fact from her. In soma
casoB it has bsen held that neglect to act on
roue'B rights for several yoara WIS not bar, hut
tloy aro exceptional. Had Dobbina Ind Tia
. money which ho invested in this ostnte, aud put
it IN othor property. ho could have real.
lied n large amount. Mrs. Douglas
lay by from 1865 to 1s70,. when
the pronerty was largely apprcciating In value
and did not see ft to enforco hor rights, ad She
must therefore DO deemed guilty Of laches'
.niaaeu as to hcr for want Of equity
But tho Jury held tho case was different as to
} =: .RoDEnT AND sTErHRH pOu9LAs.
= One Of them. attained his majority IN 1870. thd
other in 1871, and one Of their drst acts was I'd
RI decline to- receive, any portion OF the $25 O0Q
t rcali2cd at the executors sale, and to discla'a
that Bale.. In 1870 they filed their croHg-iil!
,aakfng that the salo DO GOT asido, and aH lachca
, could not ha attributed to an iufant, aud tloy
lad been prompt in diBc1nin1ing when
they became OF age, tho sale was
! to be- held inyRlil "a to them.
! The Judge therefore hold thne' the aafo was to
DO set aside RI to Robert and Stephen that the
land still uuRold In the hands OF llhodeH, Dob
bins. and Gregg WAS to bo declared to lo theirs,
aud that tho case was to bo referrcd to tie
! from Ito lands already sold by the dofendants.