Watertown republican. [volume] (Watertown, Wis.) 1860-1906, 1886-08-11
SUIT FOR $3OO,Ooo.
The Merrill Estates Action Against
G. H. Prior.

The Merrill Estates Action Against
G. H. Prior.
About s3OO,O0 is involved 10 suit
commenced by Mrs. Mary Merrill, David
C.Green, Benjamin G. Lennox and David
5. Wegg, as executors and trustees of
the will of the late Sherburne S. Merrill,
late general manager of the St. Paul
road, in the circuit court, against Charles
Ell. Prior to compel him to render full
statement of business account held with
Mr.. Merrill. The will of Mr.. Merrill be-
queathed to the executors, after making
certain requests, all the rest OF the prop
erty, to be held by them on certain spe-
ci6c trusts. Prior to 1882 Mr.. Merrill
and Mr.. Prior entered into copartner
ship for the purpose of purchasing, plat
ting and improving real estate in Mime
sofa and Dakota. 1t was understood that
Mr.. Prior should have control and man.
agement of the business, and all property
purchased on joint account should be
taken in bis name, and he was to pay
taxes, plat and improve the same and sell
it, and when sold to reimburse himself
tor money paid out and expenses incurred
in the management. and to account with
and pay over to.Mr. Merrill one-half of
the profits. Prior, the complainant says,
purchased various parcels OF land on the
line of the Hastings & Dakota division of
the st. Paul road under the agreement,
taking title in his own name, but for the
joint benefit of himself and Mr.. Merrill.
Some sales were made for crsh and others
on time. The complaint alleges that
Prior received very large sums of money
in this way. part of which he has invest
ed in other real estate in Dakota under
the partnership agreement, paying some
of the money to Mr.. Merrill. The plain.
tiffs are unable to state the precise
amount of money arising out of the bust
ness which has come to the hands OF Mr..
Prior, but on information and belief al
lege that it exceeds the sum of 5000, 900,
and that after deducting ali sums which
Mr.. Prior should be credited with. there
remains in his possession large amount
of money and large number of securi-
ties. also aggregatlng a large sum. These
are all made payable to Mr.. Prior, which
he also holds on joint account for himself
and the plaintiffs as representatives of
Mr.. Merrill.
X x
The suit is brought by jenkins, Wink
ler, Fish & Smith on behalf of the Mer-
rill estate
In his answer. which was also filed
yesterday, Prior says that he has been
resident of Minnesota for twelve years;
that he knows nothing about Mr.. Mer-
rill's will or its contents, or whether it
was admitted to probate. He denies that
prior to 1882 or az any other time, he and
Mr. Merrill on any consideration or in
any manner, formed copartnership for
the pur pose as alleged. He admits, how
ever, that he purchased some land in
Dakota, but not in copartnership with
Mr.. Merrill, ,or under any agreement with
him. They were all made, he says. on
his personal account and with his own
money. He admits the demand made by
the executors of the estate, but says that
he refused to accede. and denies that they
are entitled to anything of the kind. A
petition is filed with the answer asking
that the case be removed to the United
States court.
Mr.. Prior, who figures as defendant in
this suit, is resident of Minneapolis, and
is acknowledgement superintendent of the
Chicago, Milwaukee & st. Paul railway.
-Mtl,odukee Sentinel, 18th inSt.