6745. Northrup Banking Company (Kansas City, KS)

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# THEY ASK FOR A RECEIVER. NORTHRUP ESTATE HEIRS WANT THE EXECUTORS OUSTED. Proceedings in the Jackson County Circuit Court Similar to Those in the Court of Common Pleas, of Kansas City, Kas. On December 24 last there was filed in the court of common pleas of Kansas City, Kas., a suit by certain heirs of the late Hiram M. Northrup against the executors of the estate, charging the latter with seeking to confiscate portions of the estate in order to escape their liabilities as stockholders in the defunct Northrup bank of that city, and asking for the appointment of a receiver to protect the interests of the heirs. A similar suit was filed yesterday in the circuit court of Jackson county, making substantially the same allegations and asking for the same relief. The suit was brought in order to protect the interests of the heirs in about $100,000 worth of property located at Independence and Charlotte and Independence and Olive streets in this city. The plaintiffs in the suit are Frank A. Northrup and Andrus B. Northrup, infant grandchildren and heirs of Hiram M. Northrup, who sue through their guardian, Lee C. Northrup; the Women's Benevolent Association, which was left $1,000 in the will of Hiram M. Northrup; Margaret Staley and Mattie Snyder who were each left $10,000, Lillie Northrup and others. The defendants are the executors, K. L. Brown and E. H. Lovelace, of Kansas City, Kas., and J. S. Chick, of this city; the Wyandotte tribe of Indians, which was left $5,000 in money: St. Margaret's hospital, which was left $1,600; Hiram M. Northrup, Jr., Kate V. Brown and others. The suit was filed by Trimble & Eraley, attorneys for the heirs and other plaintiffs. Judge Gates granted a temporary restraining order, returnable January 30, restraining the executors from instituting or carrying on any proceedings to sell any realty or paying out any money in their possession as assets of said estate; from commencing any suit or filing any application or petition for the sale of any real estate, or from collecting any rents from property in their possession as executors of said estate, or from acting in any capacity whatever as executors of the Northrup estate. The other defendants named in the petition are enjoined temporarily from prosecuting any claims against the estate or seeking to enforce any judgments against the estate. The gist of the charges against the executors, Brown and Lovelace, in the proceedings filed in Kansas City, Kas., of which those filed here yesterday are a counterpart, is that they were stockholders in the defunct Northrup bank, in Kansas City, Kas.; that to escape their liabilities as such stockholders they are seeking to sacrifice the assets of the estate. To prevent this sacrifice and confiscation of the assets of the estate, a receiver is asked for by the heirs and other plaintiffs. Among the assets of the estate was $52,000 of stock in the Northrup bank, since defunct, and it is charged that the executors were stockholders in the bank and entered into collusion with the bank receiver to confiscate the estate in order to settle up the affairs of the bank and thus escape their liabilities as stockholders. The will of Hiram M. Northrup, who was a pioneer of Kansas City, Kas., was probated March 31, 1893. By the terms of the will K. L. Brown and E. H. Lovelace, of Kansas City, Kas., and J. S. Chick, of this city, were made executors. Frank A. Northrup and Andrus B. Northrup, grandchildren of the testator, were given $20,000 each, which they were to receive when Andrus B. Northrup attained his majority. One-half of the remainder of the estate went to Milton C. Northrup; $5,000 was given to the Wyandotte tribe of Indians; $1,000 to St. Margaret's hospital; $3,500 to the executors to keep the Indian cemetery in Huron place in order; $10,000 to Lillie Northrup; $10,000 each to Margaret Staley and Mattie Snyder and valuable land in Nebraska. It is charged that the executors did not properly defend suits brought against them and that property was sold for $8,000 to satisfy judgments for $50,000. The executors are charged with receiving exorbitant sums for their services, while employes of the defunct bank and receiving large salaries as such. The appointment of a receiver is asked for who will be empowered to proceed against the executors and compel the stockholders of the bank to contribute toward the payment of its debts, instead of sacrificing the estate in settling up the affairs of the bank. The matter will come up before Judge Gates on Saturday of this week.