The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-01-27
ALLEGED BREACH OF TRUST.
Ferdinand Dfckert Sued BY His Sis
ter Clara Dfckert.

Ferdinand Dfckert Sued BY His Sis
ter Clara Dickert.
A suit of considerable interest has
been commenced by Judge Powers and
Attorney D. N. Straup, in which Clara
Dicllert is the plaintiff and her brother,
Ferdinand Dickert, the defendant.
The complaint sets up that on AL
gust II, 1879, the plaintiff resided at
Popplesdorf, Germany, and the defend
ant resided in Salt Lake city, and that
on the above date the defendant au-
thorized the plaintiff to purchase Ger
tain lands at Poppledorf from their
father Thomas Dickert, which the
Plaintiff did, and in consideration Of
the conveyance to him of said land, on
an expressed trust, the defendant
agreed to pay, among other debts Of
Thomas Dlckert, a certain sum owing
10 Adele Klais, an aunt of plaintiff,
amounting to 5,4G0 marks, or 81, $50.
The sum of $500 was to be paid to the
plaintiff, and the plaintiff. was to re-
ceive and retain the rents, issues and
profits Of the said real estate from the
death of Thomas Diclert until the
plaintiff should marry or should die,
in either Of which events the entire
PENDANT, and that until the death of
Thomas Dickert, the said Thomas
Dickert was to receive and enjoy the
rents and profits of said land
On January II, 1888, Thomas Dickert
died, and in July of the same year, in
pursuance Of the trust aforesaid, the
defendant instructed DR.. Eich, of Ger
many, to collect and pay over to Plain
tiff the rents and profits of the land.
In pursuance of this authority, Dr..
Eich accounted to plaintiff by render
ing to her a statement showing the re-
ceipts and diSbursem ents with refer
ence TO and from said land, and so
continued to render accounts up to
about ,the early part of the year 1890.
None Of the said rents or profits were,
however, paid to the plaintiff, but in
violation Of his trust, it is alleged, the
defendant countermanded and recalled
The authority given to DR.. Eich and
forbade him TO pay said trust money
to the plaintiff.
On July 1, 1880, Adele Klais died Ieav-
ing a will bequeathing to the plaintiff
the claim of 5,400 marks due by defend
ant TO Adele Klafs and which was Sc
cured by a mortgage on the land.
Plaintiff, it is alleged, was induced
by defendant to leave her home in Ger
many and to come TO Salt Lake. where
she acted as lousekeeper for the de-
PENDANT and his family. She was unfa-
miliar with our language and customs
and with the law, and of her right in
the premises; but relied entirely upon
the representations of her brother with
relation thereto. Upon repeated prom
ises of the defendant to pay the amount
alleged to be due her, the plaintiff
failed to renew the mortgage as was
required by the laws of GermanR and
thereby She lost her mortgage lien ON
the land.
1t is further alleged that the defend
ant fraudulently misled her and un-
truthfully advised her as to the law
with regard to the renewal of the
mortgage and that after her said lien
became inopera tive the defendant went
to Germany, and without the knowl-
edge or consent of plaintiff sold the
land and appropriated the proceeds to
his own use and collected all the rents
and profits Of said premises from Jan
II, 1888, until Dec. 1, 1890, and converted
same to his own use. All of which
facts, it is alleged, the defendant con-
cealed from plaintiff for the purpose of
cheating and defrauding her and in or
der that he might set up the statutes
of limitation in the event of the prose
cutiOn Of any actions.
The plaintiff therefore prays for judg-
ment for the amount of the rents
about 81 $780, for 81, $50, the amount of
the mortgage, and for $780, her original
claim with interest, less 81, $50 paid on
account in various amounts between
the years 1886 and 1889, making a net
sum Of $4,000 now alleged to be owing
Plaintiff An accounting is also de-
Inanded.