The Indianapolis journal., 1894-01-25
ASKS AN ACCOUNTING
Mrs. j. K. McDonald's Charges
Against Her Husbands Partners.
She Says the Senator's Interest in Un-
collected Fees Was Misrepresented
by Butler & Snow.

Josephine r. Mcdonald, widow of the late
Joseph E. Mcdonald, has filed suit against
John VI. Butler. Alpheus II. Snow and John
NJ. Butler, jr.. members Of the firm OF But
Ter. Snow & Butler, for an accounting. the
setting aside Of the sale of the interest of
the late Senator in the assets OF the firm
and TO compel accounting and for the
appointment of receiver for the firm. The
complaint is based upon the allegation that
the settlement and sale of the interest OF
her husband was obtained by false and
fraudulent representations as to its value.
The complaint details a history OF the
various partnerships that were formed be-
tween the Senator and other members of
the firm of which he was at the head since
the time that the firm was Mcdonald &c
Mcdonald, being composed OF the Senator
and his son Ezekiel. Afterwards John NJ.
Butler was taken into the firm and it be-
came Mcdonald. Butler & Mcdonald.
Shortly after Ezekiel Mcdonald died and
the partnership paid his heirs $1,000 his
interest in the business on hand at the time
of his death. Then George C. Butler
brother of John NJ. Butler, was taken into
the firm and at his death his heirs were
paid the amount OF his interest in the busi-
ness at the time of his demise The widow
amount was paid to the heirs OF George c.
Butler. but AYERS that it was more than
$4,000. She AYERS that the practice had
been established Of paying TO the heirs of a
deceased partner his interest in the fees on
business on hand at the time OF the part
ners death. and alleges that this is the
practice of all reputable law firms in the
city. This, she alleges, is because with law
firms cd N era1 ic
always a large amount of business and liti
CATION pending. the fees on which depend
upon the success of the litigation. and AYERS
that such was the case with the firm of
Mcdonald. Butler & Snow at the time of
the Senator's death. The complaint de-
tails the history of the filing of the Sena-
tors will and its admission to probate, and
the subsequent litigation to set it aside,
which finally resulted in verdict for the
contestants in the Hamilton Circuit Court
and appeal to the Supreme Court. where
the case is now pending. 1t also sets forth
the appointment and qualification of II. p.
Haughey as executor of the will. his re-
moval by virtue OF the judgment in the
Hamilton Circuit Court and his appoint
ment administrator of the estate his
subsequent resignation OF his trust. the ap-
poinGment of A. j. Beveridge and his resig-
nation and the appointment during the
present month OF Malcolm Mcdonald to the
trust.
1t ayers that under the provisions of the
contract of partnership the Senator was to
receive 32l2 per cent. of the profits She
ayers that under this contract, by a fair
accounting. there would have been due the
estate of the Senator the sum OF $4,000 from
the firm at the time of his death. She AYERS
that at the time Of her husbands death he
advised her to follow the counsel and ad-
vice OF his partner. John NJ Butler and
acting as executor, Mr. Butler became very
anxious to close up the accounts. saying
that he was about TO depart for his summer
vacation and II was important that the
affairs of the old partnership be settled be-
fore his departure The widow alleges that
interest of the deceased Senator In the firm
business amounted to less than 5000. and
that he recommended that an attorney ne
employed by the estate with authority to
negotiate sale of this interest he knowing
at the time that \. J. Beveridge was the
attorney of Haughey. She further alleges
| that Mr.. Beveridge had been a student In
confidence in John NJ. Butler. which the
| latter knew. She AYERS that advantage was
| taken of this confidence reposed in Mr. But
| Ter by Mr.. Beveridae, and that the interest
| or the deceased Senator was purchased for
Sl,Sl0 and the decree of sale entered on
record for that amount upon the agreement
of Beveridge
She AYERS that the surviving partners have
and still refuse to file inventory of the
partnership assets and 20 account TO the
| heirs of the late Senator for his interest i'm
| the firm business. For these reasons she
asks that the order OF sale be set aside and
| upon the refusal of the firm to make the
pointed 10 take charge of the assets of the
i firm.