The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-05-10
CLAIM FILED FOR $4,000
EMMA n. MAKES 4 DEMAND on
ESTATE OF f.. c. ATKINS.
suit Brought by Her DR..
Soils RunneIs-0ther Cases
in the Courts.

DR.. Soils Runnsls. guardian Of Emma 3.
Ney. Of unsound mind. yesterday filed a
claim in the probate department against
the estate OF Elias &. Atkins for $4,000 al
legged TO be due her, with interest. The
claim is on two life insurance policies for
5000 each. assigned to her. and on two
5000 notes executed by Atkins TO her on
Sept. /. 1870.
The petition AYERS that in 1882 z. c. At
kins assigned two paid-up insurance poll
cies for 5000 each I'm the Mutual Benefit
Life Insurance Company and the New York
Life Insurance Company TO Emma b. Ney.
Later. the petition AYERS. he borrowed $3.50
on the policy In the Mutual Benefit Life In
surance Company and 1910 on the policy IN
the New York Life Insurance Company.
His Will requested that $6.559.Ss should DC
paid out OF his estate to Emma B. Ney TO
make good the face value OF the policies.
The insurance companies settled the poll
cies with Emma Ney by the Mutual Benefit
Life Insurance Company paying her S2,2l6.SS
that was yet due and the New York Life
Insurance Company paying ~$1.2l3.26, the
amount due on its policy.
on Sept. 1. 1900. the petition sets out that
L. C. Atkins executed TO Emma Ney two
AAbhF1 - %ofvvv FaAAf pay oDAN ph NNhhN -
one and two years. 1t is said that neither
of these two notes has been paid.
1t is alleged that after the death of E. c.
Atkins. Henry Atkins. one of the executors
of the will. and Henry Meyer visited the
home OF Emma Ney. and, while she was
under the influence Of strong medicine ane
morphine. prevailed upon her to make a
settlement of her claim against the estate
by accepting the S6,559.S8 specified in the
will and give Henry e. Atkins the notes
executed Sept l, 1850, for 5000 each. II IS
charged that II was represented to Emma
Ney that the $6,559.SS was all that was
owing her. and. not being in a condition 10
properly take care of her business and re-
lying upon the representations to be true.
she agreed 10 the proposed settlement and
accepted the money.
The guardian alleges that there was not
only due Emma Ney the $6,559.S paid her
out of the estate, but $4,000 additional on
the notes. and interest. TIT petition AYERS
that the judge of the Circuit Court, on
April 27, 1902. TO adjudicate the claim, or
dered the guardian to disafnrm the settle
ment. return the money TO the estate and
insurance companies, and file his claim
for the so, 900 alleged to be due. with inter
est in behalf OF Emma b. Ney. The petit
ton says that the guardian on May D
offered the 5 .559.SS in gold TO Henry Atkins
and Arthur ID. Gates. executors of the
estate, but they refused TO accept II. On
May T.. the same amount was offered TO S.
O. PiCkens, N. y. Gladding and Thomas
r.. Kackley, other executors, and they also
refused to accept IL. The insurance COM
panies also refused 10 accept the amounts
they had paid TO Emma B.. Ney on the pol
icies assigned TO her, and elected TO stand
on their -eme The money has been
turned into court to await an adjustment.
Emma r. Ney came from France several
years ago. and is said to be a niece of
Marshal Ney. the noted French general.
She went insane from the excessive use
Of morphine. and DR.. Runnels was recently
appointed her guardian to take care of
her estate. For a number Of years she
was a prominent milliner in this city. Her
estate. exclusive OF this claim, amounts to
several thousand dollars.