Chapter IV

Emerick's Death and His Trusteeship-Fortune

John Nicholas Emerick died on December 16, 1816 in Baltheus Emerick's house, located at 234 High Street, Philadelphia, Penn. The cause of his death was a stroke he had suffered shortly after departing from a ship. He came from a business house in New York City, the main location of the Company. His death and burial documents read as follows:

December 18, 1816 Philadelphia, Penn.

John Nicholas Emerick, 234 High Street, died from a stroke on December 16, 1816 at the age of 75, he was laid out in the Ebern-Church. C. R. Hagen, Walsh

John Nicholas Emerick died on December 16, 1816, and was buried on December 18, 1816. The funeral service took place at the house of Baltheus Emerick, High Street 234, Philadelphia, Penn where he had been living for many years. He found his last resting place at the Lutheran Cemetery in Philadelphia. Rev. A.C. Walsh.

    In order to make these short notices understandable to the reader, a short overview should point to the existing circumstances at that time. Philadelphia and New York were two of the marketing centers along the central Atlantic coast. They were the major points for shipping. Big businesses had their seats in those cities; also, they were the most important seats of government. Before the roads were built, traffic took place on horseback, with stage coaches and wagons. The best locations promoted a quick growth of these cities. Emerick as well as other business people felt that these cities accommodated their interest well. During those years, they were also the center for the fur trade. When he met with his death, he had been on a business trip to Philadelphia. After the stroke, he had regained consciousness and discussed his business matters with Baltheus. He entrusted him with the task to send his suitcase with important valuable papers to Georg Emerick. This one lived in Lysander, New York, and he had known him for many years. There even had been a time when George had worked for him. Since Nicholas Emerick was single and had no close relatives, when he suddenly took ill, he asked that his personal belongings should be sent to George. During that time, Christopher lived in New York, close to George's home. John Nicholas thought that Christopher was an old man as well, and that he had not too many more years to live. Therefore he found it safer to leave his belongings and will to George.

    John Nicholas Emerick lived with Baltheus whenever he came to Philadelphia in business matters. For many years this had become his custom. It was quite natural that a man in Emerick's situation and without the possibility to stay in a hotel, he took room and board from a man he knew well. On his deathbed he asked that he would be buried in Philadelphia. Baltheus knew that John Nicholas and Astor were partners; he also knew a lot about the business. But he did not know George Emerick to whom he was to send the suitcase.

    The reason for that was that George lived in New York, but he was a baker in Philadelphia. Shortly after the burial, Baltheus drew a short note about John Nicholas' life and death. Since he did not know the degree of relation with John Emerick and George, he thought the latter was his nephew. In compliance with John Nicholas, who died on the 16th and was buried on the 18th of December, he sent the suitcase exactly ten days after the burial.

    George was born in Columbus County, New York in the year 1792. John Nicholas and John Jacob Astor traveled through this part of the country several times when they went up the Hudson River to buy and ship furs. Not only Emerick had friends in this country, for Astor also visited Rev. Gerhard frequently who also had come from Walldorf and was a preacher for the Dutch Reformed Church in Ghent. When George turned 13, his family moved to Lysander, Onondago County, where he met his wife Nancy Rose whom he married in 1816. William B. Astor, John Jacob's oldest son was about the same age as George, and both probably had gotten to know one another when he was still working for John Nicholas. It was not possible to find out any details about their friendship. William B. attended schools in Germany for several years, and did not return until shortly before Emerick's death. In 1815 he took up a job with his father, and that should show that he had known Emerick.

    Because of his age and his failing health, John Nicholas Emerick had been seriously considering what would become of his wealth after his death. As a consequence, he made three resolutions, which are told briefly, however, they had a big influence on the future of his wealth.

    In one process which had been conducted because of certain phases of his trust, the Missouri Supreme Court spoke praising words about the good judgment and vision. (Deacon vs. St. Louis Union Trust Co. 197 S.W.261). Emerick knew everything about his business so well when he wrote down the above mentioned documents. After he regained his health, he took the time, to work up other important documents which are to follow.  Secondly, he prepared two documents which were the same in language and expression of thoughts. He had made a serious and worldwide decision. For the first time he mentions the trusteeship for 90 years. He talks about the value of his possessions; he explains how it was put together, besides he wrote s short life history of his partner and his dealings and where his interests were in the partnership fortune. It was planned for people in his opinion who would not know anything after 90 years of his death, what had been going on.

    Another serious situation turns up. After Emerick had decided to leave his wealth in trusteeship with Astor and his descendants, he started noticing changes in Astor's life. In later years it proved that his observations were true. He said:

"Since I am afraid that Astor is not the man I thought him to be at the time, when I made him one-third partner, I am leaving documents in my suitcase, to protect my belongings and my possessions".

The reason for these precautions was that he instructed his heirs, to keep their eyes on their heritage, since he would not be around for their protection, when his fears came true.

    What Emerick predicted, happened. The business grew in such proportions, so that it became the greatest during that time. But with the growth of his business, Astor's behavior changed. He became like a tyrant, a stingy person, and as it is shown in his biography, a rough person as well. He was reckless regardless of friend or foe. Parton says "The contents of his riches became his bible. He overlooked it with pride, and he watched it grow with a quiet and deep joy from month to month. The love for his possessions grew with age, and it possessed him like a tyrant.

    When he possessed millions at the age of 50, at the age of 60 his millions possessed him. This sketch was drawn from a document. It is a fact that he bought Medref Eden Farm for $25,000 which is worth (1936 when book was written) today $20,000,000, Casine Farm for 23,000, with about the same value, the Morris properties which were spread though out the state of New York and brought thousands of dollars at the cost of the farmers and owners. He bought up mortgages and canceled them, and he watched the auctions of the same. He had a keen eye for that as well as the possessions of the economically weak.

    During the bad years of 1836/37, the misfortune of so many became his well of fortune. No man of great riches was as much accused by biographers as John Jacob Astor. In his book 'History of Great American Wealth, Augustus Meyers accuses him of all crimes suggested in the English language. Bribary, Fraud, Theft. He is portrayed as a gold-hungry man. All his interests came from greed. For the voice of love thy neighbor, he had deaf ears. The love for his fatherland ended with the $. His wealth froze his good characteristics which he had displayed in younger years, when he extended his hands for riches.

    Emerick's observations and fears had a good reason. One can only feel sorry that he did not live long enough to change his will. The changes in Astor's life showed up with all their consequences only after Emerick's death. For him, it must have been a bitter feeling that the same young man whom he had taken along - whom he had met during a miserable situation, and in his misery, that he could forget the man whom he had been in partnership with for 29 years.

To show his emotions about this, the following documents say:

a). With this I declare, that I, John Nicholas Emerick, two-thirds partner-owner, and partner, that my possessions will go into trusteeship for 90 years to my partner John Jacob Astor. After that time, all my possessions, together with their gains, shall be given to the descendants of my two brothers Christopher and Valentine, and they shall be distributed among them. The said heirs shall be found every ten years via publications until they are found and the required measurements have been taken.

    Further, I state that John Jacob Astor was a poor boy when I loaned him money. Furthermore, I say, that my wealth is estimated to be about $1 million, that I count ships as my own, 35 acres of land in New York City - partially within the present borders of the city, I own 4000 acres of land in the coal area of Berks County/Penn. which borders on the possessions of Stephan Girard, with whom I had business relations at some time. I also own 3000 acres within the city of Germantown, and other parcels of lots. I have other legal documents mapped out, since I am afraid that Astor is not the man I had believed him to be when I made him my partner.

I am leaving those documents in my suitcase, to protect my possessions.

October 24, 1815

Germantown, Penn. John Nicholas Emerick (seal)

I transferred my possessions to the true hands of John Jacob Astor for the trusteeship to be given to the descendants of Christopher and Valentine.

When father sent me money to share with my brothers Christopher and Valentine, I did not share it, but I bought land, 35 acres in New York, 4000 acres in Pennsylvania, and this all with my money. Later all of this shall be going to the descendants of Christopher and Valentine.

Upstairs, in my leather container, I have documents. My impression about John Jacob Astor, my partner, has changed, which I want to write down here black on white. You shall know that I accumulated $1 million. I have no debts.

November 16, 1816 John Nicholas Emerick (seal)

    Be it known that these were not documents or testaments, but only papers which were to serve as clarifications about his possessions and about his relationship with Astor. Just about at the same time he wrote his last will and testament. This was a correct legal document, witnessed by Daniel Lord, Astor's doctor. Many facts which are contained in other documents are missing here. The trusteeship for 90 years, the value of the estate, object of his legacies, the names of the trustees, and the executor of the will are contained in it.

    It was written four months before his death. Whether he intended to change his will, as Lucinda Jones reports, and then he died, before he had the opportunity to do so, or whether he thought that all precautions had been taken to protect the interest of his heirs, in case difficulties came up, it cannot be proven anymore. He may have also had the point of view that his trust and faith he had bestowed upon his partner were of such a holy trust and binding that no human being could forget. To take over such a responsibility is just as serious as on the other hand, to entrust someone.

    But this is not all that has anything to do with it. Astor was left the benefit of the Emerick estate, so that business would remain healthy. In his opinion this should have been respected so much to not forget him when he was no longer alive. John Nicholas Emerick had decided to handle it in such a manner, and he did not want to change his decisions. Whether death came too soon, or whether he would not have judged it differently, to keep the contract going, it does not change anything with the result. He left his estate with Astor for 90 years. After he died, there was nothing that could have been changed about it.

Be it also known that the court felt that the Emerick's contract was in order, and the court did everything in its power to stop the Emerick heirs from interfering with the time span of 90 years. This came with the decision of the surrogate court in 1849. The last will and testament is given here with the full text so that the reader can follow when he starts the next chapter. It reads:

In the name of God, be it known to all:

I, John Nicholas Emerick from the city of Philadelphia, am preparing and proclaiming my last will and testament on the fourth day of August in the year of the Lord 1816.

I, two-thirds owner and partner of John Jacob Astor, have entrusted my estate to the trusteeship of John Jacob Astor and his heirs for 90 years.

After this span of time, I am giving my estate and all gains thereof to the descendants of my brothers Christopher Emerick and Valentine Emerick, the said heirs are to be searched for via ads every ten years, until they are all found so my will can be followed up on.

I own $1 million, 35 acres of land, partially within the present limits of the city of New York, 4,000 acres of land in Berks County, Penn., which borders on the estate of Stephen Girard, 3,000 acres, partially located in the city of Germantown. The annual income of our business is huge. I am asking trustees and executors of my will, that in case of the fulfillment time of my will, any known heirs of Christopher and Valentine cannot be found, that such should be looked for via adds for a period of three months, and that after that time, the will should get into force with all known heirs of Christopher and Valentine. Further, I proclaim that after such time, if other people claim to be descendants of Christopher and Valentine want to cash in on the inheritance, that these people will get $1 each. Further I state that a sum of no more than $15,000 is to be paid to the Astor estate wherefore this amount is being paid for expenses encountered to the Astor estate.

I have documented this by putting my signature and my seal here on August 4 in the year of the Lord 1816.

John Nicholas Emerick (seal)

Witness - Daniel Lord, New York, August 4, 1816