Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1890-10-23


same year made his final settlement
with the probate court, showing that he
had received 1926, and paid out S235
that all of the property had been paid
out in expenses and swallowed up by
himself, leaving his widowed sister anC
her fatherless children not a single
fsrthing; and that even the forty acres
of land had been conveyed by Willis to
his wife for the pretended consideration
Of 300.
Mrs. Lincicum, unwilling TO submit tC
so great an outrage from her brother
instituted a suit in the district court or
the 9TH day OF July, 1880, against John
+. Willis, Mahala Willis, his wife, and
his bondsmen. We give below copy Of
the petition in full:
STATE OF KANSAS,
Jefferson County,
In the District Court OF the Third judicial
District Of the state of Kansas, in and fol
Jefferson county.
Annie b. Lincicum, Plaintiff, VS.
John +. Willis, Terry Critch- pet,+ion
field, A. j. Buck, and Mahala
Willis, defendants.
The said plalntin, Anna b. Lincicum, one
OF the heirs at law and legal distributes OF
Nathan z. Willis, late of the county OF
Jefferson, state of Kansas, deceased, com
DldlIS Oh john r. w Illus,
A. j. Buck and Mahala Willis, the defend
ants herein, for that the said John +. VII
Its, Terry Critchfield and A. j. Buck on the
22d day of January, A. D., 1873, at the coun
their certain writing obligatory of that
date, acknowledged themselves to be held
and firmly bound unto the state of Kansas
In the sum Of eight hundred and fifty dol
lars, lawful money Of the United states
which said writing obligatory was subject
to a certain condition Hereunder written
whereby 1t was provided that
Whereas, the said John +. Willis, nav.
ing been duly appointed administrator OF
the estate Of Nathan z. Willis, deceased
late OF said county and state, IL he, the said
John T. Willis, should faithfully admins
ter said estate, account for, pay and deliver
perform all other things touching said ad
mlnistration required OF him by law, or the
order or decree OF any court having Jurls
diction, then said writing obligatory to be
null and void; otherwise to remain In full
force and virtue.
Secondhand this plaintiff AYERS that the
said John F Willis afterward entered upon
the trust Of said administration and large
amount of assets came to his hands 10 De
administered, and that afterwards, to wit
on the 18th day Of November, A. ID. 1879, the
said John +. Willis, unfaithfully, fraudu
lently and illegally made pretended settle
ment in the probate court of said county Of
Jefferson of his accounts on administration
on the said estate, and then and there anC
the assets of said estate OF Nathan P. VII
Its money and property to be the amount
and valuation Of the personal property Of
said estate. as per inventory thereof re.
turned, when in truth and in fact the said
John T. Willis never made or returned tc
said probate court any inventory OF the per
sonal estate or property Of said deceased.
Third-And this plaintiff further AYERS
that on the 5rd day OF February, A. d. 1879
the said defendant, John f. Willis, admin
istrator aforesaid, made application to said
probate court of said county OF Jefferson by
petition, for an authority to sell certain
real estate, the property of said Nathan p.
Willis, deceased, for the payment OF the
debts of the said deceased and the charges
of the said administration, and he then and
there and therein unfaithfully and rraudu-
lently averred that such debts and charges
amounted to the sum of $500, when in truth
and in fact, as was well known to the SAID
ton, the said Nathaniel 2. Willis was not
Indebted to any person or persons in the
aggregate to the amount OF So, and the
charges of said administration would not,
and IN truth and in fact they did not reach
the sum OF $50.
Fourth-And this plaintiff further AYERS
that on the said 3rd day OF February, A. d.
1879, the said John F. Willis exhibited &c
the said probate court his claim against the
said estate of Nathan P. Willis, deceased,
for care and attendance upon said de-
ceased during his sickness in the last year
of his life, and for labor and service
of the deceased during said year, IN
the sum of 500; and this plaintiff AYERS that
the said John +. Willis then and there by
and INSTRUMENTATION traudu.
notice to this plaintiff or to any other heir
OF said deceased, unlawfully, unfaithfully
and wrongfully obtained the allowance
to him thereon OF said court OF the sum OF
500, and obtained the endorsement in writ
ing on said claim of such allowance, in
words and figures as follows: Allowed
Q, 1879, and assigned to the nth
class Of claims. G. A. Huron, Probate
judge" when IN truth and in fact, as was
tn en- well known to the said Jno. F. Willis
such care and attention upon said deceased
was never given or o1ered by said Jno. Z.
Willis, and such labor and services were
never rendered or necessary, and neither
said 500 nor any part thereof was ever due,
and this plaintiff AYERS that during the last
year of the life of said deceased, he was, to
about three weeks previous to his death
fully able, capable and willing to take care
of himself and of his real estate, and did SC
take care of both, and that during the last
three weeks of his life this plaintiff was with
him nearly all the time and assisted in car
ing for his necessities and comforts, and
that the said Jno. f. Willis had only por-
ton smaller than that OF this pl aintin in the
same.
Fifth-And this plaintiff further AYERS
that the said John +. Willis, on the 7th day
of November, A. D. 1879, at the time and on
the presentation OF said pretended settle
ment Of his accounts OF the administration
of said estate, by falsehood and fraud and
Misrepresentation, induced the probate
court aforesaid to allow to him thereon the
sum of Sc as so much money by him paid To
the appraisers Of real estate, by him sold as
OF said estate, when in truth
and in fact, he, the said John +. Willis
never paid the sum Of $6 nor any other sum
to said appraisers, thereby obtaining the
same out of said estate without accounting
therefor.
Sixth-And this plaintiff further AYERS
that on the Sd day OF March, A. d. 1873, the
said John F. Willis, by faIsehood and mis-.
willfully and corruptly OBJ
tanned an order from said probate court for
the sale of a certain tract of land lying and
being in the county OF Jefferson. described
east quarter OF section 80, in
township 9, range 20, containing forty
acres, and by virtue OF such order sc
and fraudulently obtained, the
said John F. Willis unfaithfully, fraudu-
lently, corruptly, wtllfully and un.
lawfully, and with full purpose to
cheat and defraud this plaintiff and the
other heirs Of the said Nathan z. Willis,
made a pretended sale OF the said tract OF
land at public auction to the defendant, Ma
hala Willis, at and for the sum of two hun
dred dollars which said sum of two hun
dred dollars the said Jno. +. Willis alleges
IN his report OF said pretended sale to have
been cash in hand, when in truth and In
fact the said sale and report thereof was
FRAUDULENT ana illegal administra
ton OF said estate by said Jno. F. Willis,
and was farce and sham, and the said
Mahala Willis was not present at such sale
and had no attorney or agent there present
by her to bid for said land, nor
was any bid for said land made for her; she
was and is the wife of said John +. Willis,
and has never had nor claimed TO have any
money or property in her own right separ-
ate and apart from the property OF her hus-
band, and the said bid, so by the said Jno.
z. Willis pretended to be made, was false
and fraudulent, and the return Thereon was
made with the full purpose and intent 70
cheat and defraud this plaintiff and other
heirs OF said Nathan p. Willis, and TO thus
obtain the title to said tract OF
land for his wife, so that the rents and
profits thereof should accrue to him person
ally