The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-11-17
CHARGES AGAINST A GUARDIAN.
w. F. A. Bernbamer Accused of Appropriate
ing to His Gwn Use the Funds of Trust.

Since the 18th OF September, 1882, w. F. A.
Bernbamer has been the guardian of Thomas F.
and Ellen G. Brennan. His wards have not been
satisfied with his management of the estate. and
several suits have come out of the disagreement,
the guardian claiming that the result of the is
sue has always been favorable to himself Yes
terday they brought the question strictly to
point whether he was worthy of having future
charge of their interests They allece that Bern
hamer applied for the guardianship, knowing
that their mother, Ellen Brennan, from whom
the property came, had left a will in which Au-
gust Bessonies was named executor In their
petition for the guardians removal they state
that the property was worth $3000 with year
ly rental value Of $500. Under the will, it is al
legged, the three children, Thomas F., Charles N.
and Ellen c. Brennan, were to have the rents
paid to them in equal divisions by the executor
until the youngest child became Of age, when
the property was to be sold and the proceeds
equally divided between the three. The date OF
this will they claim. is the 9th of May, 1881 1t
is charged that Cas- Byield had the instrument
in his keeping from that time until the 9Th OF
May 1885. Bernhamer, the petition states,
knew of the Wills existence, but made no attempt
to have it probated He, it is alleged, procured
Cas- Byfeld to file suit in partition against
John Brennan, the father of the children, stat
ing that the wards we're entitled to twothirds of
the property and John Brennan to the other
third But it was claimed the property could
not be divided without great damage to the sew
eral interests. Therefore, the guardian asked
the court for an order of sale so the proceeds
could be divided accordingly. Bernnamer, it is
charged, concealed this will from the court and
took judgment by default against the defendant
After this the guardian had the property APP
praised at ST. $780, much less than its true value.
1t was sold, and the wards were thus deprived OF
a comfortable home Bernhamer had them, it
is charged, removed to two dirty rooms, the rent
for which he paid for three months only. They
claim that he has received 5000 of this money,
and out of it has paid for Thomas Brennan
$54 49, and for his maintenance and education
for the past four years only 1886 923. For the
sister he paid $38 a. and $2l 40 for her main
tenance for the same period. When
Thomas Brennan applied for additional holp,
Bernhamer told him if he did not quit
bothering him he would have him sent to the
Reform School at Plainfield. Thomas states that
he had no friends and was therefore compelled
to earn his living by backing boots. His sister
would have been street waif If it had not been
for the kindness Of an aunt il Ohio who took
charge of her. The petitioner charges that
Bernhamer appropriated the money of the trust
to his own use. He asks to have him removed
from the guardianship and the sale of the prop
erty declared null and void.
Bernhamer says the records of the court will
speak for his administration of the trust, and
he cannot help it if they want to hold him re-
sponsible for what the court has done. The will,
he claims, did not come to light until long after
the sale of the property