Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-07-23
AFTER A JUST SHARE.
John Clever Claims His Brother Mis-
managed the Family Estate.
HEWAS SHUT OUT OF THE PROFITS
Why the Oil Rights of Farm We're Not
Leased TO Spectators.
ONE DAYS NEWS IN THE COUNTY COURTS

Andrew Clever, of Robinson township,
the man with whom J. NJ Guffey, the oil op-
orator, had a fall-out last winter over S20,-
600 bonus paid on a 5O-acre tract of land un-
der peculiar circumstances is brought to the
fore again in the courts. The whole story,
as told by people who recollect Andrew s
father, has some of the elements OF romance
in it. Martin Clever, Andrews father, wasa
man of iron will, who acquired land
enough in his lifetime to have made half a
dozen German principalities in ante-Bis-
marck times. 1t appears that he was good
to his children when they pleased him, but
was disposed to con tinue his dominion after
death in case they did not. The subject of
the suit, it is stated, made marriage of
which Martin Clever, the father, did not ap-
prove and he now suffers in consequence.
Notwithstanding he had nerve enough to
choose the girl he wanted in opposition to
his fathers wishes it is said that he did not
inherit his fathers iron will and purpose.
Following is tbs case as set forth in the
court records:
John Clever, of Allegheny City, yesterday
presented a petition in the Orphans Court,
asking that Andrew Clever, of Robinson
township, surviving executor of Martin
Clever, deceased, be brought to book on the
following showing quoted from Martin
CleVer's viii.
Called Down by q Will
'Item 8. give, etc, to my son John 5000,
also 500 which I allow him as wages for
services rendered after he was p years of
age, both sums to be paid out Of my estate
one year after my decease. Also 1 devise to
him during his natural life one house and
lot in Allegheny City, which he now occu-
pies and subject to his life estate i devise
said house and lot to his children, their heirs
and assigns in fee simple.
all an hoo ngT IN nv
rents, issues and profits of 123 acres and p
perChes OF land, known as the Phillips farm,
said farm to be kept in repair out of the said
rents, issues and profits, or, If my son John
prefer, he may take possession of said tract
OF land, and may farm it himself provided
that he shall pay all taxes that may be as
seSsed thereon, keep said farm in good order
and repair: but should he not choose to farm
it himself then my executors shall rent it to
the best advantage for his benefit. In either
case the farm must be kept clear of taxes
and kept in good order and repair out of the
rents, issues and profits thereof. My said
son John Is to have the possession or the
profits Of said farm during his natural life,
and after his death direct my executors to
sell the same. and they or their successors
TO make deed for the same, and divide the
proceeds equally between my two sons,
David and Andrew, and my three daughters,
Mary A silk, Catherine !. Holman and Re-
becca Ellen Clever"
Now John, the petitioner, SAYS that, owing
TO i'll health and that OF his family, he did not
take possession of the farm, as he has right
10 40 under the will, and Andrew and David
Clever. the executors, have managed it,
renting it, ETC.: that David died few years
ago: the management OF the trust since has
wholly devolyed on Andrew, the sury or;
that he manages it in such way TO take
special care of the remaining devisees. of
whom he is one; that the rent due petitioner
on last April amounting to Sl25 is retained
10y Andrew to be applied to the roofing of
the barn; that the trustee has received some
$500 from the Southwest Pennsylvania Pipe
Line Company for right of way and refuses
TO divide claiming to be entitled to all OF it.
Refused TO Lease the Farm.
He further said that Andrew could
lease it for oil boring purposes, but re-
fused; that he received from J. NJ Guffey
S2o08O bonus for his own farm right beside
this one; that there is an opened coal mine
on the farm, and he, Andrew, does not oper-
'aue it. Petitioner also says that he is weak
mentally snd physically, and has been con-
fined to bed for the last eight weeks, and
was once during that time the point of
death: that he has not the means to supply |
himself and his family with the necessaries |
OF life; that if the farm were managed by his |
brother and trustee honestly in his petit |
TONERS, interest. it would support him COM |
1ortaOly: that what money he does get from |
the trustee comes to him in niggardly and |
sDaring manner and after much begging. |
extreme illness, feel it his duty to /
suffer these mdignities at the hands of his |
brother and accordingly prays the court to |
remove Andrew for mlSmanagement and |
put some other fit person in his place; that |
a clraUon issue to INN to show cause why he |
should not be removed and also to account |
for what he has received for him petitioner,
OF the rents, issues and profits OF the farm |
and run it as it should be run.
The regular order was made in the case.