St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-01-28
MRS. ROGERS SUIT.
Arthur Rogers Replies, Explaining
How the Trust was Created
and Why.
An Effort to Care for Trust Fund Instead Of
Conspiracy to Defraud.
To the Editor of the Globe

The statement made in the newspapers
purporting to come from Mrs. Rogers, my
late brothers wife, are tissue of falsehood
from beginning to end. There is not word
Of truth in any of the allegations of her COM
plant, and the whole matter is no doubt the
work of hungry and mischief making rcla-
tives which Mrs. Rogers is unfortunate
enough to have as her advisers.
The facts in the case are these: NY brother
Frank had been sick for some time and it
was finally recognized by his physicians as
well as by his relatives and friends that his
recovery was hardly to be hoped for. Every
other means ofhelping him having failed it
was determined as last effort to send MIN
for treatment to the medical springs at Carl
stat, Bohemia.
This course was adopted by the united con-
sent of his wife, his physician and his friends.
! During all the time while he was here and
indeed up to the time of his death he was in
full possession of all his faculties as he was
in his life and during the last days before his
departure he arranged his affairs with greater
care than he ever exercised before. When 1t
was determined that he should 90 away, he
became anxious to arrange his affairs here
with view to his possible death, and for
that purpose he and l called upon Mr.. John
d. O'Brien, of the law firm of O Brien, Eler
81 o. Brien, who had for a long time been his
legal adviser as well as mine. My brother
wished to dispose of his life insurance, S1O,-
600, so that part of it would go to his wife and
| the balance be divided between his two
| children when they should come of age; I'M
til they became of age his wife was to have
the income of the children's share, which was
to be held and invested by trustees. Mr..
O'Brien said that this arrangement could
not be made by will of my brothers because
as the policies were made payable to Mrs.
Rogers her consent to this disposition of the
fund would be necessary. At his suggestion
my brother went home and explained this
matter to his wife and she expressed her
willingness to the arrangement, and there
upon this agreement was drawn and signed
| by her:
WHEREAS, Frank W. Rogers has heretofore
obtained, and now holds, policy of insur-
ance upon the life of him, the said Frank w.
Rogers, in the Equitable Life Assurance so
ciety of the United States, which said policy
is numbered 246503, and is payable to his
wife, Elizabeth a. Rogers, if living, at the
time of the death of said Frank w. Rogers !;
and
WHEREAS, The said Frank w. Rogers is
also member of the Northwestern Travel
ing Mems association, and is entitled to GER
tain moneys, benefits and insurance therein
payable in case of death, to mis- said wife; now
! Therefore, In consideration that the
| said Frank w. Rogers WILL and does continue
| to, pay the premium upon said policy, and the
dues and premiums coming due to said North
western Travelling Mems association, and of
the love and affection existing between Eliz-
abeth A. Rogers and the said Frank w.
Rogers, the parties agree that if any loss
1should accrue upon said policy, or any money
come due thereon, or from said association,
1.-The same less the sum of fifteen hundred dol
lars, which may be paid to, and retained, by
said Elizabeth A. Rogers, shall be paid over
to Arthur II. Rogers and Robert &. Junk, as
trustees for the benefit of such children of the
said parties hereto as shall be then living. Pro-
vided that the sail moneys shall be invested
by said trustees in some safe and profitable
manner, and while so held by them the in
terest upon said moneys, or such portion
thereof as shall be held by them, shall be
paid annually to the said Elizabeth A. Rog-
ers as long as she lives, or unless part or
the whole of said fund shall be paid over to
the said children as hereinafter stated, that
is to say, that as soon as any child is paid its
share as hereinafter stated, the said Elizabeth
| A. Rogers shall receive only the income or
interest derived from the balance remaining
in the hands of said trustees, aud as soon as
each child shall attain its majority its share
| IF a;d han ba 10 btyc
trustees, together with any Accommodations, or
its share of any accumulations, unpaid to said
Elizabeth A. Rogers by reason of her death.
In case any of said children shall die be-
! fore attaining their majority, their share shall
be, by said trustees, paid over to the heirs of
said child so dying.
The said trustees may use such portion of
said fund as they deem proper, from time to
time, for the support, maintenance or educa-
! ton of said children, except that no more
than the share Of either of said children shall
be used for any one Of said children.
FRANK W. ROGERS,
EIIZABETH A. ROGERS,
ARTHUR II. ROGERS,
ROBERT G. JUNK.
Dated at ST. Paul, Dec. 4, 1884.
This Robert G. Junk mentioned in the
agreement is life long friend Of my broth
or. He was for some time a resident Of st.
! Paul and is now engaged in business at st.
Cloud Mimi, but is well known by business
men Of this city, He is man of consider
able means, great business ability, and Of
the utmost integrity. The most aifectonate
feeling had existed from childhood between
nv brother and Junk and the cruel injustice
of the statements concerning him can only
be fully known by persons who know the re-
latiOns they occupied toward each other. SO
far from trying TO get possession Of the in
surance money / told Mrs. Rogers that she
might receive all the money from the insur-
ance companies and then pay the trust fund
over to Junk and l. For this reason the
proofs of loss were made out in her name
alone. and all the connection Mr.. Norton
had with the matter was simply 10 take her
affidavit to the proofs Of loss Mrs. Rogers
understood the arrangement from the first;
| il was explained 70 her by her husband, my
self and also by Mr.. O'Brien ana she was
perfectly satisfied with IL until she was put
up ~ take these shameful proceedings by
persons in whose hands she is mere
| puppct. She has been led a
stray by bad advice to take step which she
will live to regret when she sees clearly the
position in which it places her. / do not
believe she knows what she is represented as
saving in the omplaint for / do not think
| her capable Of telling such wicked falsehoods.
| I told her friends what she well knew, that If
| she was not satisfied with the arrangement
] the agreement might be submitted 10 any
! Judge or court without any law suit and have
/ its validity determined, or II she wished,
some other friends Of hers appointed as trus-
/ tees and / would resign. But she never
asked me 10 do either, and the first iudica-
I ton ! had Of her dissatisfaction was this
| suit.
! / shall not consent 70 the breaking Of this
/ agreement. Mrs. Rogers is amply provided
\ for. and she IS not capable Of managing the
/ fund for the chfldrcn's benefit, even she
| .rcr. nj anrrnnnded hr rersOns woo WOuIQ