The Ottawa free trader., 1890-01-11
FUNK, AGAIN.
lie FILES ro.s-Blil in the Circuit Court.

FUNK, AGAIN.
lie Files aross-Bli in the Circuit Court.
About o'clock last evening John
Funk, by his solicitors, ID. i. Snow
and Duncan X Gilbert, filed in the
circuit clerks Office "A crosS-bill in the
chanCcry case Of Simon MOhr et al. V.
John Funk, which will probably
terminate that suit and leave Funk
somewhat ahead Of those outside OF
the heirs who instituted proceeding,
against him.
As has been heretofore stated in
the FREE TRADER, this proceeding
together with several others, is the
OutgrOwth Of the various contests
over the estate Of the late William
Rcddiak.
The cross-bill, which we publish in
full below, is new feature of the
proceedings instituted by Mayor *
Widmcr, as solicitors for the German
heirs Of Elizabeth Burrier Funk
Rcddick, to compel Funk to turn over
TO them IA half Of the estate of their
late aunt, which they claim he with
holds from them. 1t is based upon
the contents of cablcgram received
yesterday morning by James II.
Eckcls, Of this city, from Judge
Hiram I. Gilbert, who is now at the
home of the MOhrS in Germany.
whittier he went some three weeks
since at the request and as the So
licitor Of Funk. The croSS-bill sets
out what has been accomplished by
Judge Gilbert in the way of settling
the matter there for Funk. and was
prepared by Mr.. Snow, assisted by Mr.
ECkcls.
The crosS-bill sets forth the full
terms of the settlement made by Judge
Gilbert, shows that Judge Barnum's
power Of attorney is revoked. and. as IA
result, renders his contract to litigate
yaluclcSS, even if it was not Illegal. 1t
will probably be Il surprise, not only to
the attorneys for the complainant, to
Judge Barnum and to Judge Evans.
but to the citizens of Ottawa gcncr-
ally, aS it was not known outside Of
those interested in the case for the
defense that Judge Gilbert had crossed
the ocean. He will sail Immediately
for New York and will probably be in
ottawa within the next two weeks.
THE CROSS-BlLL.
10 The IiOaOr0jh. the J,,Ip Of the Cir
c'dt Co,nt, IN Chmcoy SjHiag
Your orator, John Funk, respectfully
represents and shows unto your Honor
that on October lst. 1889, Simon Mohr,
Gertrude MOhr, Peter Mohr. Maria
Rinncbergerand Catherine Wilhclmie,
Il minor under IS years Of age, by
Nicholas Wilhelmie, her next friend,
all of Dungenheim, in the empire OF
Germany, (all of whom your orator
asks may be made defendants TO this
your orators crOSS-bill). filed in this
court their certain bill of complaint
against your orator and John WeSSe-
ling, Isabelle McigS, and George W.
Armstrong, PRAYING in said bill in
substance that an account be taken OF
all moneys and property of every kind
received by your orator from the said
George w. Armstrong, as adminiStra-
tor Of the estate of Elizabeth Burrier
Funk Reddick, and that your orator
be decreed to pay to complainant in
said original bill the full One-half in
value Of all the said personal property
together with interest thereon; and
further that partition be made Of the
certain real estate Of which said Eliza
beth Burrier Funk Reddck died
seized, and that your orator account
for the rents, issues and profits Of
such real estate for the full time he
had been in possession of the same;
further, that the certain instruments
in writing executed by cOmplainantS
and referred to in said original bill be
by decree of this court set aside and
for naught held, and for such other
and further relief in the premises as
equity should require, and to the
court should seem meet. :.
Complainant asks leave to refer to
said original bill for greater certainty.
That process was duly served upon
your orator and that he made full
answer to said original bill within
the time and in the manner prescribed
by the rules of this honorable court,
and the practice in chancery causes.
TO which said answer Il replication
was duly made and filed by complain
ants in said original bill.
Your orator further represents that
said cause has not been heard. Further
your orator shows to the court that on
or about January I, 1890, all OF said
adult COmplainantS, that is to say,
Simon Mohr, Gertrude MOhr, Peter
Mohr and Maria Rinneberger, for the
Of 5000, cash to them
in hand paid, bargained, sold and con-
veyed, to your orator, by proper
by each of said adults duly
executed, all their right, title and IN
tcrest, and the interest of each Of
them, in and to all the personal estate
of said Elizabeth Burrier Funk Red
dick, to which they and each of them
are or were entitled as heirs at law OF
said Elizabeth Burrier Funk Reddick,
deceased.
That at the same date, namely, Jan
uory 9TH. 1890, said adult tcomplainantS'
above named, granted, bargained and
sold to your orator for the ConSidera-
tion of So, 333.33 all of their interest
and the interest of each of them in
and to all of the certain real estate Of
which said Elizabeth Burrier Funk
Reddick died seized and possessed.
That at the date last mentioned, by a
writing duly signed and executed by
each of said adult complainantS, they
and each of them agree to convey to
your orator 10y deed of general war
ranty all of their interest and the in
tereSt of each of them in and to the