The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-08-18
WAS LEGAL THEN
TRAFFIC IN NEGROES APPEARS IN
A CASE HELD IN TOPEKA.

Few Years Ago, Having Accrued 4
Three Thousand DoIlars-Estste il Nov
Badly Muddled and the Circuit Court
Asked to UntangIe It-Points in tn
Case.
Topeka. Kan, Aug. 17.-Common as Il
undoubtedly was fifty years ago, it i:
rare indeed that one encounters in q
legal document filed in these days ever
| incidental reference to the traffic il
humanity that was broken I'D by John
Browns raid and the war of the re-
bellion that shortly followed it. An
instance has just occurred, however
in proceedings instituted to settle ur
an estate that has been dragging along
for four decades.
A bill of complaint was filed yester.
day in the United States circuit court
by ]. W. Ennis Of Edna, Knox county
Mo-, as executor Of the last will and
testament of Fannie Oldham, deceased,
against Robert w. Thomas of Atchi-
son county, this state. Fannie Oldham,
| who was resident of Knox county Mo.
died May 10, 1892, and by her last will
and testament named Ennis as her ex-
ecutor. letters testamentary issuing
| May II, 1892,
By the terms of this will the deceased
bequeathed to her daughter, Laura W
| Louisby, all her household and other
articles of property located in her said
| daughters place Of residence in Mis-
| souri,. and 800 in money to her daugh-
| ter Elizabeth Nancy Voolfolk; and to
her daughters Margaret NJ. Baker, Fan
| ME A. Quinn and Laura V. Louisby, all
the remainder of her property. real and
| personal, including money, notes, and
| bonds, stocks, ETC., to be divided equal
ly; but the advancements heretofore
! made to them, named in said will, were
to be taken into consideration in such
division and account among her dau-
ghters, said advancements named in
said will being: 5000 to Margaret NJ
Baker; $3.50 to Fannie A. Queen, and
to Laura V. Louisby. $3.50 said daugh-
ter being the only issue of said est
tator.
Fannie Oldham was the daughter Of
Samuel Thomas, deceased, who in his
life time resided in Bourbon county,
Kentucky. and the defendant is her
brother.
The bill of complaint sets forth that
In 1850 Samuel Thomas furnished mon
ey to be invested in the state of Mis-
souri, for the benefit of Fannie Oldham
and her children. and that it was inves
slave negro woman and son, the title
thereto taken and vested in defendant
as trustee during her lifetime, and to
the heirs of her body. In 1856, 1t is al
legged, the defendant as such trustee,
sold the negro woman and child for the
sum Of $500 cash and received the cash
therefor as trustee, and on Sept. Il,
1857, loaned out $3.50 of said money for
the use and benefit of Fannie Oldham
to Melker Baker. and took his promis-
sorry note therefor. to bear 10 per cent
per annum until paid. Melker Baker,
in 1881 and 1882 paid to the defendant,
1t is claimed, both interest and princi-
pal amounting to $4,000.
The complainant goes on to say that
Samuel Thomas died in Bourbon county
Kentucky in 1855, leaving a will by
which he bepueathed to Fannie Old
ham 81 200 in money and directed that
this portion of his estate should go into
the hands of his son S. c. Thomas, de-
PENDANT herein. as trustee, to be ex-
pended for land for the benefit of Fan
ME Oldham and her children; that de-
PENDANT duly received sid sum of 81 200
as trustee and loaned the same out at
interest for the use of FAME Oldham,
and that in the year 1856 he constituted
Melker Baker his agent for the collec-
ton of interest and principal and TO re-
loan the same. placing the note in Ba-
kers hands, who, on Jan. II. 1875. turn
ed over to the defendant, as trustee,
the principal and interest derived from
said notes as follows:
One note to d. Miller, with interest
amounting to s6592S: one note on same,
principal and interest, 1896 So; one note
on A. Thomas. s91 SO; one note on Bull
house & RushtOn, amount not known;
one note on Melker Baker. 81, $40. IS; one
note on Melker Baker, s1,165.07. and
cash, S1,469, making in the aggregate
over s., 900.
1t is averred that the notes were on
good and solvent parties and collect
IDLE. and that the defendant as trustee
collected the money and interest; that
after the receipts of said notes and
money by defendant as trustee, and
some time in 1875, the defendant in !
vested $4,000, part being money in |
his hands as trustee and a part being |
furnished by Fannie Oldham, in the !
purchase of 200 acres Of land fifteen I!
miles coutheast of st. Joseph, Mo-, TAX |
in the title thereto in his own name |
as trustee; entered into the possession |
thereof and received the rents and prof |
its therefor. to the use of Fannie Old
ham, from the time of the purchase I'M
til short time prior to her death.
when he sold and conveyed the same TO
Laura V. Louisby, one of her daugh-
tiers.
The complainant says he is informed
that the conveyance was made by de-
PENDANT at the request of Fannie Old
ham. but whether he received any con-
s:deration therefor. or how much mon
ey was paid to him for such convey
ance, il any, the complainant is not in
formed: he charges, however, that all
moneys or other consideration for said
received by the defendant
were for the use and benefit of Fannie
that while the complainant
has no knowledge on the subject suf-
ficient to form a belief as to the rental
received for the farm by defendant as
trustee, he AYERS that the reasonable
rent from year to year Is $500 per year;
that defendant. as complainant believes
paid moneys from said rents and pro-
fits to Fannie Oldham during her life
time and of the rents, taxes. expenses
and repairs on said farm, but that the
exact amount IS 10 the complainant
unknown. and that after the allowance
Of all just sums for such expenditures. !
there remains in his hands as trustee
a large sum Of money derived from the !
rent of said farm, for the use OF Fannie
Oldham.
II is alleged that the defendant has
never rendered any account TO Fannie
Oldham during her lifetime. or 10 the |
as her executor. OF the |
property in his hands as trustee. or OF
the rents. expenditures or payments
aforesaid; nevertheless. the defendant
claims that he has paid over 10 Fannie
Oldham all the money that came into |
his hands as trustee, whereas in truth,
and in fact. if the accounts were proper
" taken balance of over 50. 900 would
be due TO the complainant as executor |
from the defendant as trustee.