The Indianapolis journal., 1904-02-06
COMPROMISE is REACHED
IN OSGOOD ESTATE CASE
Judge Carriers Decree Declares Ida
Stanley to Be Legally Adopted
Daughter of NJ. ]. Osgood.
STATEMENT OF ATTORNEY
Linton A. Cox Says Clients Will
Receive Large Sum-Large
Attorneys Fees.

The controversy over the estate of the
late Mason ]. Osgood was compromised yes
terday, as outlined in last Sundays Jour
nal, and Judge Carter, before whom the
case was tiled, has handed down decree
which ends the great legal battle that was
waged for some time between sOmo OF the
most prominnt attorneys of the State. Mrs.
Clarence Stanley is declared 10 be the le-
gally adopted daughter of Mason ]. Osgood.
deceased, and while the terms of the COM
promise will not be made public for some
time. it is understood that the defendants
Roxana o. Minis and Charles w. Osgood,
sister and nephew of Mason j. Osgood-will
each receive a large sum their share of
the estate estimated to be worth about
$4,000
The Marion Trust Company which holds
the OsgoOd estate in trust, is authorized to
plat and sell the real estate and turn the
proceeds over TO the beneficiaries, the bulk
of the proceeds to go to Mrs. Stanley.
The attorneys for Mrs. Stanley say that
| the compromise was agreed to in order to
| avoid further expensive litigation, and 1t
was estimated that $4,000 would be the
amount Of expense for continued proceed
| ingS in court in retrials and appeals. The
| right of new trial and appeal Is waived by
| both parties.
| FINAL AGREEMENT.
| Morris Townley, representing Addison G.
Harris. Ferdinand Winter and the firm of
Wilson & Townley. appeared in court for
Mrs. Stanley, and Linton A. Cox, repre-
senting Harvey. Pickens. Cox & Kahn and
Ayres, Jones &s Hollett, appeared for Mrs.
| Minis and Charles w. Osgood. There were
few points involved in the case still re-
| manning unsettled and after a ten minutes
| conference between the parties in the
| judges chamber the difficulties were salts
/ factorily arranged and the decree was en-
! tered.
The attorneys on both sides of the case
| have been endeavoring to effect a comprO-
mise since the conclusion of the argument
| before Judge Carter on Dec. 2, and il was
| thought a compromise had been satisfac-
! torily arranged three or four different
times, but each time there was some hitch
in the matter.
The taking of testimony in the case con-
| sumed three days, beginning Nov. IL, and
| the whole question involved was whether
the adoption of Mrs. Stanley on Sept. s.
| 1877, by Mason J. Osgood was valid.
| peculiar feature of the case is the
! small amount of costs attached. One at
torney has estimated that the costs would
not reach more than $50 as the case was
tried by the judge without the interven-
! tion of a jury. The attorneys fees, how
ever, are large. 1t is said that one firm
will receive a fee of $4,000 for it's services
LINTON A. COX'S STATEMENT.
Linton A. Cox, one of the attorneys for
Charles w. Osgood and Roxana o. Minis
| upon being asked for statement as to the
| compromise of the case, said:
| Il have no authority to discuss the terms
of the compromise which has been made
except to say that all disputes as to the
! legality of the adoption of Mrs. Stanley
| and the ownership of the Osgood estate
| has been compromised to the satisfaction
| of all parties and that as q part of the
| compromise all the cOntending parties have
| transferred to the Marion Trust Company
| as trustee, all the property of the estate
and the trust company is to handle the
| property and turn it into money for the
| beneht OF the parties. / am not authorized
to say anything further than this concern
| ing the terms of the settlement, and l dc
not believe that anyone else is authorized tC
say anything further as TO terms OF set
tlement.
THE Marion Trust Company was selected
by the parties TO handle this property be.
cause as administrator of the Osgood es.
tate ii has handled the estate with great
success and is very familiar with all mat
ters in connection with the estate
The estate is quite large and has rapid
ly increased In value since Mr.. Osgood':
death, three years ago. A large part of the
estate consists of valuable real estate il
the northern part of the city. Much of i
is practically surrounded by the CITY, and /
is In locality where there is a constan
increase of values. Everybody who ha:
ity OF this land in the last several years
has made a good profit. The real estate ha.
necessarily been off the market for ovel
two years on account of the litigation bu
now that the litigation is compromised, i
Is my belief that the trustees selected by
the parties will rapidly sell a considerable
part of the real estate.
Il do not care to discuss any of the ques
tons OF law or questions of fact which en-
tered into the controversy. These are al
rendered immaterial by the compromis,
which has been made. and besides, / hav,
been thinking and talking about these mat
ters much for the last few months tina
/ prefer TO talk of something else. The par
ties and their attorneys have endeavoreC
to make a just arrangement and are sat
iSfied with the result.
Il will add that the statement in an after
noon paper that my clients receive but $50
600. is wholly incorrect. They receive thi.
amount out of the personal property alone
which is the smallest part of the estate
will not say what amount my clients do re
ceive, but will say that if the present esti
mate of the value of the estate prove cor
rect. my clients will receive about ope-thirC
of the entire estate