Alpena weekly argus. [volume] (Alpena, Mich.) 1871-1893, 1892-08-03
Important Decisions in the Two Rich
ardson Cases

Judge Reilly yesterday, says the Free
Press, handed down decision which re-
calls similar one made in the same case
two years ago last April. The plaintiffs
were the heirs Of Charles w. Richardson,
u millionaire of Alpena, who died in 1886,
leaving all his property to his widow; and
the defendants were prominent attorneys
OF this and other cities. Richardson died
leaving twelve heirs, who, upon learning
the provisions of their relatives will, de-
cided TO make q contest against its ad-
mission to probate. George Richardson,
full brother OF the deceased, was APP
pointed their attorney In fact. He was
taken sick and his son, Charles W., did
most OF his work. The will was admitted
to probate and then Moore Il Moore, Of
this city, were employed to carry on the
contest. Along In August, 1886, settle
ment was agreed upon between the widow
and George Richardson, which was In sub
stance that the widow should pay the heirs
100000 In full settlement OF all the
claims which they might have against the
estate. The widow paid over 10 George
w. Moore, at her house In Alpena, notes
amounting to the sum OF $4,000 and n
check for $4,000. These were delivered
the same day to George Richardson. At
torney Moore surrendered to the widow
releases executed by George for himself,
and, as attorney, for all the heirs, except
one Delano, and also the powers of attor-
ney. Richardson paid Moore 100000 in
notes for his services. This left 800 900
to be divided among the twelve heirs
Morse and Robert j. Kelley, who was at
torney for the widow, succeeded in OBJ
tanning releases from the heirs by the
payment to them OF much smaller sum
than the 81 900 to which each was enti-
tied. The relations were kept In ignor-
ance Of the terms Of settlement between
the widow and George Richardson. Pre-
vious to the settlement Charles w. Rich
ardson purchased half interest in the
claims of Joseph and Albert Richardson
for 1925 and $3.50 respectively. Charles
w. knew Of the settlement, and when
Moore and Kelley were going around to
settle with the half-brothers and sisters.
he furnished the team for them and after
wards received $1,000 from his father for
his half interest In the claims OF Albert
and Joseph. The half-brothers and sis
tiers supposed at the tine that the ST. 500
was offered, that the offer came from the
widow and that Kelley represented the
widow. Two OF the heirs went and saw
George Richardson and he gave them TO
understand that no settlement had been
made with the widow and that tho 8 1 500
of Kelley was made on behalf of the wild
ow. George Richardson died in Novem-
Der, 1885, leaving widow and the son,
Charles W., as heirs. His estate inven-
toried $4,000. When the fact of settle
ment came to the ears of the heirs they
fled a bill against Charles w. Richardson
and Moore K Moore, asking for an ac-
counting Of the moneys paid over to
George Richardson, and also that the de-
PENDANTS make good tho money they lost
or had been defrauded of by the actions
of the defendants. Judge Reilly held the
held that the defendants, George w.
Moore and Charles w. Richardson, were
liable, and decree was entered against
| them for $37, 1876. 10, with interest. George
Whitney Moore, the other member of the
Moore law firm, was not held liable, and
| the bill against him was dismissed.
An appeal was taken to the Supreme
Court by the defendants and an order was
there made demanding the cause to the
| Wayne Circuit Court with directions that
all persons connected with the fraud
charged in the bill, or with the disposition
OF the fund in question, with knowledge
of the trust, be made parties defendants,
with leave to take such further proof as
might be deemed necessary. Under this
order Robert j. Kelley, who acted as at
torney for Diana Richardson in the set
Element of the $4,000; Greeley & Nc
Rae, who were executors Of the last will
of George W. Richardson; Elizabeth, wild.
ow OF George, and Jane Nye and Benja-
min Starbird, guardians, were named as
additional defendants, and evidence was
taken to show what became OF the trust
| fund.
"At the time this cause was first dis
posed Of" said Judge Reilly yesterday.
1--WE deemed 1t important that an extended
review of the facts and law should be
made, and with the conclusions then
reached we are entirely satisfied. AZ this
cause Is now heard on substantially the
same evidences, We content ourselves
with the views heretofore expressed.
I'm our judgement the complainants
are entitled to a decree against George
William Moore, Charles w. Richardson,
Elizabeth Richardson and Robert j.
Kelley In the sum of $40, $50. Against
Greeley q McRao In the sum Of $40. 900
and interest from December, 1886, upon
the ground that when they took posses
sion OF note OF $4,000 and caused II to
be discounted and the proceeds distribut-
ed among the legatees named In the will
OF George w. Richardson, 1t was with the
knowledge Of fraud and they thereby
made themselves personally Responsible.
Against Nye and Starbird, In the sum OF
$4,000 and interest, these sums to be paid
within thirty days after settlement of the
decree; the last two amounts to be cred
tied on the decree OF $4,000 when col.
lected.