The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-06-29
AN ORDER FOR MANKER
MRS. MIDDLEwORTH'S ATTORNEY
MUST ANSWER QUESTIONS.
administrators Dynes Files a Petition
i'm the Probate Court-Oth-
err Court Cases.

Another chapter has been added 10 the
story of the settlement Of the estate or
William Middlesworth. who died about a
year ago. by the fling Of two petitions in
the probate department yesterday by Wal
ton L. Dynes, administrator de bonis non.
with the will annexed. asking that Attor-
ney James NJ. Marker be ordered to ap-
pear in open court for examination. Man.
ker was attorney for Mrs. Middlesworth
who was formerly administrators of her
husbands estate. but who has since been
declared of unsound mind. TIL petition
charges that Marker has property belong
ing TO the estate in his possession and re-
fuses TO give it up.
By the will of William Middlesworth his
property was left to his widow. including
$1,000 life insurance, all of which amounted
to something over $4,000. Mrs. Middles-
worth was appointed administrative, and
after the letters were taken out sold the
home property at 1870 Linden street for
$1,000. She left indianapolis the 1st of last
January, ostensibly TO visit her aunt, who
lives in Balston Springs. N. Y. There were
but two surviving children of William Mid
dlesworth-Hugh III. Middlesworth, living
at 1856 Linden street, and his married Sis
ter. both stepchildren of Mrs. Middles-
worth The stepchildren have a suit pend
ing In the Circuit Court for a construc-
ton of their fathers will and TO set aside
the deed conveying the property their step
mother sold on the ground that she was
only given a life interest in the property:
The property consists of a cottage and
three lots with a total Of ninety-nine feet
frontage on Linden street, and ii Is said
was sold considerably below it's real value.
Mrs. M~iddlesworth left indianapolis with
out making her intentions known 10 her
stepchildren. 1t is said she probably had
5000 or 5000 in her possession, as she had
the $1,000 life insurance, over $1,000 of per-
Sonal property left by her husband and
5000 from the sale of the property. Last
April the police department received infor-
nation from Vermont stating that Mrs.
M~iddlesworth had been found on the streets
insane and was almost destitute. Other in
formation stated that q man supposed TO
be her attorney had visited her and on the
way to Vermont stopped off at various
cities and enjoyed a number of sprees. The
matter was turned over TO Samuel Ashby,
funds in Mrs. Middlesworth's hands.
AT he time Marker, her attorney, said
there was nothing wrong about the estate,
that the money could all be accounted for
If necessary and that Mrs. Middlesworth
was not in destitute circumstances. He
said he had been East to see Mrs. Middles-
that it was nobody's business where her
money was held.
THE PETITIONERS CLAIMS.
The petitions filed in the probate depart
ment yesterday by Dynes, the second adj
ministrator, state that Mrs. Middlesworth
was guardian of her husband. who was ad-
judged of unsound mind shortly before his
death, as well as administrator of the
estate. Since her appointment as admins
tratrix she. too. has been declared of un-
sound mind and another administrator had
TO be appointed, Dynes being named. The
petitions set out that Mrs. Middlesworth
failed to have an inventory made of any
OF her husbands estate except 81, 023 in
cash. 1t is also charged that the inventory
was not made by appraisers in the manner
provided by law, and that 1t Is not COM
plete. 1t is said that Middlesworth also
owned notes, stocks and household furni-
ture and probably chattels, the amount Of
which is unknown. 1t is alleged that Man
ker as Mrs. Middlesworth's agent and at
trust and that he has household goods and
other chattelS In his possession that belong
70 the MlddleSworth estate, and that he re-
fuses 10 give them VI to the administrator
The petition of Dynes as guardian says
that Marker has in his possession a gold
watch, gold locket and chain, silver spoons,
two rings and household goods. 1t is also
charged that he has funds belonging to the
ward that he is about TO invest in a COM
pany in which he is interested. 1t is al
legged that he has converted household
goods and chattelS TO his own use and now
claims them. 1t is charged that he has
distributed the funds OF Mrs. Middlesworth
without right or authority, and the petit
TONER says he is unable to determine or
secure accurate and detailed information
of the affairs of the estate. The petitioner
says that Marker can give all the desired
In open court and be examined regarding
the affairs of the estate.