Chapter V

The Examination of Emerick's Last Will and Testament

and the Surrogate Court's Decision

John Nicholas Emerick died in the year 1816. Before his death he wrote a last will and testament and left his estate to the trusteeship of John Jacob Astor and his descendants for the duration of 90 years. He gives his reasons why he handled it in such a way. They are shown in letters and documentations. He and Astor were partners over a long span of time, and they established their own big business. The business interests of both were tightly woven together, and the country was recovering after the war of 1812 when all business transactions were frozen. He wrote to Christopher with the following words:

"John Jacob, my partner is a good man, and rather than ruining the business for him, I will leave my estate with him in trust, so that it can be divided up later."

The interests of the business were heavily on his mind when he wrote his last will and testament, and when he gave the reason for the trust. It also had been observed that he and his brothers for some reason did not get along. In correspondence between him and his father, as well in all his papers, nothing was ever mentioned that they were in any kind of business relations with him. He urged them to come to America, and he put emphasis on Christopher to jump in with him in the fur business. For some reason no cooperation in this work took place. In 1781, Valentine wrote to his father. We have not heard from John Nicholas Emerick. We work by ourselves." And then again he wrote "Our brother Nicholas has arranged everything with J. J. Astor, and we do not hear from him any longer". This was four years later.

So, it came to pass that John Nicholas when he wrote his last will and testament, he did not supply them with any kind of embursement or profit. It is to be assumed that he thought about all this and that he also discussed this with Astor.

The document shows this. He named the receivers of his legacy, he commanded how much Astor should be paid for executing the will after the trusteeship had expired. and what people should be getting who would come for their portions without having been mentioned in his last will. In 1816, the year of his death, he estimated the value of his estate to be $1 million. There is no doubt that he paid great attention to every detail and was looking for the best possible advice while writing it all down.

People regard their last will and testament as a holy document. This is also the case with the courts. The needs and the wishes of the owner are protected, and as far as they do not interfere with common politics, good moral standards, and the law, they will be carried out. During that time, when Emerick wrote down his last will and testament, trusteeships and lifelong endowments were not paid attention to as it is today. America was a young Republic, and people cared more about their estates for which they had worked so hard than about which legal formalities in regards to their planning could arise. Life and business was simple, and people did not encounter all sorts of difficulties as we do today in the time of industrialization.

They were rural people, problems of life were simpler, and people were able to trust one another. There were no bank safes for people at that time, no merging of companies, nor other conveniences as we know them today. The man at this time also did not have a place for his documents for safekeeping. Those papers were kept in suitcases, or there was another easily accessible place found. Emerick kept his papers in his suitcase, as you have seen before; in order to protect important documents from loss, they were placed on top inside of the suitcase. A place to keep them in was a tobacco box or the linings of clothing. One also could place documents inside of books in the suitcase. In other papers which were found, Emerick had mentioned this. He took every possible precaution, a careful and wise person would take in such circumstances.

He also told Baltheus where the papers were, and he asked him, to write to George and tell him where he kept his documents. When George later had the suitcase, he knew immediately where John Nicholas had kept his papers, and why they were there. The papers and documents were not kept in a secret place so that nobody could find them and where there was danger that they would never be found again. They had to be kept safe, so that the heirs later would have them at the right time.

In the year 1844, George Emerick and his family moved to Walworth County, Wisconsin; it was in the area of Milwaukee, and it could be called a new country. At the time when he moved there, many people along the Atlantic coast and the southern states started a great migration. They rode on oxcarts, rode on horseback, walked by foot in treks to the new places of the Central West., and then to the far west. Properties were cheap, they could build wooden barracks on them, as well as barns with thatched roofs, and without spending a lot of money, they could make their living. When the children had grown up, there was enough opportunity for them to do the same.

George Emerick knew this. He had a large family with boys and girls who were growing up. He wanted to give them opportunities in this new country which he had not had in Lysander. At first the journey took them down the lake, and after crossing the marsh was continued on ox carts to the new home. Amongst his belongings was the old suitcase with the documents of his uncle John Nicholas Emerick which he had entrusted to him during his hour of death. The connection and relationship with John Jacob Astor, he was aware of, he knew about the partnership. He was familiar with the business profits of both men, as well as the precautions the deceased had taken in reference to his estate, at his death. John Nicholas did not give these documents and the suitcase to a stranger; he was a man in whom he had put his trust. In fact, he had already worked for him, and he knew as well why it was him who had been entrusted with the suitcase.

He knew William B. Astor, John Jacob Astor's son, who would some day be the successor of his father. John Nicholas Emerick had a great deal of wisdom, tact, and business judgment to not give these documents to someone he could not have trusted.  A man who knew how to make $1 million, would never act in such a manner if he was not totally convinced, that an eye was constantly kept on his possessions. The documents were a way to protect in case of unforeseen circumstances, which could have arisen during the 90 years.

90 years was a long time, and the heirs of this inheritance had not been born yet. This proves good judgment and a keen sense of a businessman. Not all documents were given to his partner. Without any doubt, John Astor had copies of all papers which were sent to George; however it would have shown a lack of vision, had he given everything to Astor. George died in the year 1849, four years after he had moved to his new home. He was a young man, only 55 years old. It is not known how thoroughly he had discussed this matter in respect to the John Nicholas Emerick inheritance with his children. But it is a known fact, that during those days parents did not discuss private as well as business matters with their children.

Perhaps during their years while they were growing up, he may have given them some explanations, he may have mentioned the amount of the estate, including the existing trusteeship, and about the agreement that had been made with Astor, and also that the wealth could not be distributed for a long time. This is an assumption given from experience in everyday living. Nevertheless, Nancy Emerick, his wife, knew John Nicholas Emerick as well as about his wealth. She was aware of his connections with John Jacob Astor and the trusteeship.. She knew about these facts, and she also knew why the suitcase had been sent to her husband. After her husband's death, she watched over the suitcase and she kept it until her death in 1882.

After George's death, the responsibility came to her and her sons. They were in no position to be envied. They had 80 (morgen) acres of rough land from which they had to make their living. The sons probably felt their responsibility to take over where their father left off. They went to their mother and discussed their needs with her, and they would have liked to know whether a way could be found to get a little from the money John Nicholas Emerick had left. This would have meant a great relief in their situation. While reading the papers, they realized that the will had not been probated anywhere, not that their father had done anything with the papers after receiving them and the suitcase. The sons figured that perhaps something could be done for their situation if they explained their case to the courts. Their mother insisted that nothing could be done in this situation. So they started heated arguments with the result that they traveled to New York City despite their mother's objections. On September 6, 1849 the appeared with the documents of John Nicholas Emerick in front of the Surrogate Court. A hearing was held, documentation was taken, and a decision was passed. This decision said that no division could be done until the 90 year trusteeship had ended.

It was a big blow for the boys, but they received a witnessed copy of this decision. Now they knew that because of this decision, they could not do anything, now other family members would understand what had taken place, and also what they had to expect. It would have been a difficult task for the sons to explain what had been said at court, or what had happened. Perhaps they were advised to ask for the witnessed copy in order to avoid later confusion. Halfheartedly and with disappointment, they returned home. Their trip had not paid off.

Here they had hoped to receive some money which they were so much in need of at this time. On the 30th of the same month, they arrived back home. They had experienced a lot, they received a document but no money. Now they had to look for other sources. They agreed that the future on their 80 acres had little or nothing to offer, and they looked for a different income and other possibilities. The gold rush in California had started, and thousands of people traveled in their covered wagons across the prairies and further across the mountains of the West. George William joined a family named Reeves, but he stopped in Montana where he lived until his death. Lynus joined the procession to the gold fields, and he arrived in California. Before he started his trip, two things happened:

1. Lynus wrote a short note into one of the books in the old suitcase where he informed his mother where the papers remained which he had taken to New York. This is about the documents which he had taken to the Surrogate Court and which had been returned to him after the hearing. It was important to him that his mother knew where the papers could be found.

2. Lucinda, his oldest sister, wanted that Lynus should leave the papers (which he had received in New York) with her. He refused to do that. Then she insisted that she should get a copy of the papers. Bitter words had been exchanged about this matter as can be seen from the footnote on the copied document which she received from him. In fear of someone being able to question the validity of the copy, she had her sister sign as a witness. Before Lynus departed, he wrote this short notice:

December 2, 1849

Mother forgave Bill, he went with the Reeves family. All of the documents are in the books. The court decision is with me. - Lynus

It appears that Bill and his mother had argued, and he had left the house in anger. This proved true in years to come. Bill, as Lynus called him became a rich sheep farmer in Montana. After he left home in 1849 for Montana, he no longer stayed in touch with his mother. When she died 33 years later, he refused to accept the telegram announcing her death. This is how bitter the feelings between him and his mother had become because of the disappointments grown from the trip to New York. When Lynus wrote the short memo, he was so upset, so that he did not include everything he had intended to. Therefore, he added a few more lines in the same book, saying:

"The decision states that the matters with the inheritance would have to wait until the trusteeship with the Astor's will have expired. - Lynus

He refused to give her the copy he held. He refused to explain his reasons. Perhaps it went back to the complaints his mother had voiced when they returned from New York. They went despite her objections, and when they upon their return did not bring any results nor financial help, then she knew that the money for trip was wasted, and now they would be worse off than before their journey. She had a lot of grief due to the loss of her husband, added to this came the financial problems, and she needed every cent. Now there were new added problems, the money was lost, a financial result had not been achieved, and all of this was made worse by the thoughtlessness of both of her sons who had not listened to her advice. It was under these circumstances that George William and Lynus left home.

Since Lynus refused to give a copy of the court document to Lucinda, she talked him into having a copy made of his own. Not quite willing, and under protest, he agreed. She prepared his copy, but did not adopt every detail mentioned therein. The most important points were captured, e.g. the description of Surrogate Court, the names of the judges. the date, and other important dates. Her sister was present and signed the copy as a witness. It read:

"State of New York, Surrogate Court.

In matters of the estate of John Nicholas Emerick, the deceased, Court's decision about final case.

Today Lynus Emerick, heir and next of kin appeared in front of the court and presented the last will and testament, the trusteeship, documents to recognize it and he came to talk about the inheritance and the rights of the law."

By the court, it was decided after examining the documents etc. and that they were recognized by the court in every aspect, that the trusteeship is in John Jacob Astor's hands and in those of his heirs, and they were ordered that it was their responsibility to divide the wealth among the heirs or to their lawful guardians after duration of the trusteeship without being reminded by the courts. So documented during court on September 6, 1849.

For the courts, Alexander Bratford, Judge.

"Copy created via Lucinda Jones

September 30, 1849 under protest and with difficulties.

Mary Emerick, witness.

You can see that the copy is not complete in some points. Lucinda mentions her reasons for that. Lynus was thick-headed, angry, and he did not agree that she should have a copy in her hands. This annoyed him and he was about to leave.

After both sons had left home, Nancy Emerick sold the farm and moved to Eau Clair County in the northwest of the state. Here was a blooming industry in forestry. Her husband dead, the sons had left, she could not do anything with her 80 acres. During all of this time she was upset that she could not find anything out from the trustees as far as John Nicholas Emerick's estate was concerned. She was aware of the responsibility she carried on her shoulders after her husband's death. On the other hand, she was unaware of what steps to take in connection with this matter. She discussed this matter with Lucinda. They agreed to ask a lawyer.

Alexander Meggett, a young attorney in Eau Claire was their lawyer. They visited him. The papers regarding the estate were with them when they went. They discussed everything; the journey of her sons George William and Lynus to New York in 1849, the steps that had been taken, and also the documents they had received. Meggett decided to discuss this matter also with Lynus who had just returned from the west. After he had listened to all they knew, and after the report Lynus had given, the best solution seemed to be to travel to New York to check out the facts; by now 14 years had passed since Lynus and Bill had appeared there. Since then no one had heard anything about the inheritance. Both agreed to the suggestion, they got the money for the trip together; this happened in 1863.

Meggett went to New York, and since he did not know the city, nor the courts, or how to obtain information in matters for which he had taken the trip in the first place, he went to see William B. Astor. He definitely assumed that this was the trustee for the Emerick inheritance. His clients had informed him about that. Now is showed up that Astor worked with him, and both got to be close acquaintances. This lasted for many years. After discussion the topic with W. B. Astor, Meggett left him and looked at the documents he found in Surrogate Court. After he received this information, he was ready to return to Eau Claire to report to his clients. He reported what he had seen and researched and about the condition the estate was in. He also knew about the document, he had looked at during his visit to Surrogate Court, that the estate could not be divided or touched until the trusteeship had ended. It was the same Lynus had found in his documents, but now they had the information from an attorney. This was somewhat more satisfying, and without doubt, Meggett was able to present this matter so clearly so that they all were able to understand it. Nancy was satisfied. She felt that the responsibility resting on her shoulders would have a good ending. As far as she understood the matter, one could not expect more. She was a conscientious woman, firm in her faith, and she wanted to be sure that she had done her duties.

This journey meant allot to Meggett. Clients who went to him for advice in minor matters, realized that he had become a happy man since he had come to know a prominent man. This journey had become the start to riches for him, also to success and to a large group of acquaintances; an opportunity any attorney would be proud of. Later on he traveled to New York City many times, and he was reimbursed for his expenses. Besides he earned large honorariums. He sat at the table with the richest man on earth. He and Astor had endless correspondence going about the Emerick possessions. It shall be shown that during the same year, the roots were planted for his riches when he took the first trip in reference to Emerick heirs- as he called it- to New York City. William B. Astor recognized him as their rightful advocate, in his correspondence with him, as well as his personal visits, and he paid him off. Everyone who knew about the greed of William B. Astor, would never accuse him to be a generous hospitable host to a small town attorney if it had cost the Astor estate anything. All authors bring this up. Some of the letters follow:

a) Alexander Meggett New York City, New York

Eau Claire, Wisconsin April 23, 1866

Dear Sir:

I have received your notes regarding the Emerick heirs, or rather the rights of the Emerick's. My office will take care of these matters.

Your truly, Wm. B. Astor"

b) Alexander Meggett New York City, NY

Eau Claire, Wisconsin June 20, 1868
Dear Sir!

"In answering your letter of the 2nd of this month, I would like to say that you should stop in our office upon your arrival in New York, and you shall receive the amount agreed upon. Bring the copy which Lucinda is keeping.

Yours truly, Wm. B. Astor"

c) Alexander Meggett New York City, NY

Eau Claire, Wisc. June 26, 1872

Dear Sir!

"In answering your recent letter, I would like to say, stop by our office in New York upon your arrival, and you shall be paid in full.

Yours truly, Wm. B. Astor."

It is obvious that these letters are kept short, but they are in regards to the Emerick rights question and to the monies that were paid for Meggett's services. It was the assumption that he as the attorney was entitled to these since he would look out for the Emerick interests. Astor was interested in the copy Lucinda held, and he said, bring the copy which Lucinda has. He wanted to know about the contents of the copy. Without doubt he had discussed the document with Meggett. Before Meggett received the copy from Lucinda he had to give her a receipt. This read:

"March 10, 1868 EauClaire,Wisc.

Today I received a copy of the Court decision from Lucinda Jones. This was given to the Emerick heirs and their brother Lynus from the Surrogate Court in the matters Emerick vs. Astor. It was handed to Emerick in the year 1849. For my professional services in the interest of the heirs. The copy is to be given back to them. From my personal knowledge and from talking to Lynus Emerick, as well as checking the Surrogate-Court-Book, where the court decision has been documented by the Surrogate regarding the problems about the estate of John Nicholas Emerick or his heirs and the steps to be taken after the trusteeship runs out. All this shows me definitely that these claims in this case are valid. Alexander Meggett, Attorney

Here you can see that the receipt was given after Meggett had taken the trip in 1866 and before he traveled in 1868. During his meetings with Astor, the copy of Lucinda's document was discussed, and the old man was curious to see it as well. He did not know that she had a copy of this decision. Meggett asked Lucinda for it, but before she handed it over, she asked for a receipt. Meggett must have taken the copy to New York with him. It seems that the questions arose why he traveled to New York so frequently, and why he was able to get so much money. She could not understand all of that. Meggett marked it down on the receipt as lawful and professional services. But Lucinda was not satisfied with this explanation. She though he just used this as an excuse so enrich himself while professing to act as Emerick's attorney. It shows that Meggett and Astor came to an agreement, because not only was Meggett paid for this trip, but above it, it was mentioned that he should receive a certain amount.

In his letter of June 26, 1872, Astor said "You shall be paid in full." This sentence should imply that there was n agreement between both parties. But Lucinda could not figure out what services he had performed. He had explained that neither he nor anyone else could do anything until the trusteeship had ended. Therefore, under these circumstances Lucinda could not understand which services he had performed to be of any service to the Emerick heirs.

This was the difficult part. William B. Astor died in 1873, and Meggett had taken his last trip in 1872. This speaks for itself.

Mr. Meggett died in 1907, this is the year when the trusteeship had expired. He was an old man and had not remained in touch with the Emerick heirs. Nancy and Lucinda had not ssen him any more before they died. Nancy died in 1882, Lucinda died in 1901. Lucinda's last report from him came in 1890. He composed another document which said:

"September 4, 1890 EauClaire,Wisc.

The Emerick estate which is in true hands for the heirs by John Jacob Astor cannot be settled until the trusteeship has ended. Therefore the payment I received from the Astor's was paid for performed services. Alexander Meggett."

It shows that both men did not differ in their treatment in view of the given facts. Both agreed, that in legal matters for the Emerick's, this amount was paid, and without doubt, both regarded this position as the legal and valuable services. One was the trustee, and the other acted as the attorney for the estate. Lucinda could not look through these "tricks of the trade" and expressed her point of view in her unknowing ways. The following document shows her ideas. She wrote:

"My father George worked for John Nicholas Emerick and should have met with him in New York. John Nicholas took ill, just before the ship laid anchor; he was taken to the house of Baltheus, and shortly thereafter he died. During his stay in New York, he was about to change his papers. This is a strange death."

"After father's death, my brothers George William and Lynus took the papers to New York and received there (1849) a courts decision for the Emerick's. I gave a copy of the document to attorney Meggett, which I had made. He took it to New York with him, and upon his return from New York, he was a rich man. He said it all had to do with the business. I did not accuse him for anything, and I also cannot do anything until the trusteeship runs out. August 12, 1900 - Lucinda Jones."

She had no way of understanding what had transpired, . She was aware that Meggett had taken many trips to New York, and that this all had taken place after he had been asked by them in 1863 to go to New York to look after the estate. The age of the three leading characters played an important role in this drama; Lucinda was 81 years old, when she wrote her memoirs, William B. Astor was 83 years old, when he wrote his memoirs in 1890. It was not about a bunch of young folks who gave their fresh ideas in such an important matter. William B. Astor must have felt justified to pay for Meggett's services, and Meggett calmed his conscience in saying he was performing a service which someone had to do to protect the rights of the Emerick's.

Lucinda was right in her opinion about Meggett. Documents show that in 1863 he bought a block of valuable properties in the then blooming town of Eau Claire, and then he had beautiful houses built on them,. He is known as block 6, which is located between Barton and River Streets, very close to the center of town. He bought the "Boston Flats", a large rental property, he had stores built, several houses, and a beautiful place for him and his family. He was a successful attorney and is still today remembered as a rich man by all residents of the city.

He encountered some misfortune as well. His house burned down, his wife and he separated, however, he owned enough money to lead a life of comfort. He borrowed $15,000 at one time, another time $5,000 and smaller amounts at other times. Since during the time so long ago, there were no bank drafts, it is impossible to follow up on Lucinda's complaints.

To give you an overview of the documentations mentioned, here they are summed up:

1. George William and Lynus Emerick, the sons of George and Nancy Emerick, took a trip to New York in September, 1849 and had the will of John Emerick legally probated. They received a courts decision for this action at the courts.

2. The responsible judge was Alexander W, Bradford, one of the most prominent lawyers of New York City who signed the courts decision.

3. It was September 30 when Lucinda Jones wrote the copy of the document which Lynus possessed. This was witnessed by her sister Mary Walworth, of Wisconsin was about 900 miles from New York City, and the sons had returned home on this date.

4. In December, Lynus wrote his short note in the book for his mother. At that time, George William had already migrated to the West.

5. The court's decision, or the copy, proclaimed John Jacob Astor or his heirs as the executors and trustees of the Emerick estate, and William B. Astor was the heir in the years of 1849 and 1863, 1866, 1868, and 1872; this is listed in letters and receipts.

6. It is to be noticed that there is no disagreement between both parties and what happened, as well as not about the dates of the drawing up of this, they are to exact to be questioned.

With these documentations the following interesting questions arise: "What do the documentations of the City of New York show? Do they recognize Lucinda, Meggett, and Lynus? This happens to be an interesting phase of the story. After examining the titles by a qualified licensed lawyer, the documentations at the Surrogate Court represent a strange matter. The book which Meggett had seen and examined in which he saw the decision, was hidden for many years. And when it showed up again, it was mutilated, and pages which contained the court's decision from 1849 were missing, just like the contents page. This is a very unfortunate situation and very embarrassing to surface, since the proofs regarding both parties had been documented and explained herein. The matter was so serious so that a written, sworn statement by the examiner of the files was demanded, and a photocopy of the book was created and kept.

You do not need the insight of a psychic or a card reader to determine that some dirty trick had been done to destroy these documentations. The book was hidden for 15 years or longer, and when it showed up again, the documentations of the years 1847-1850 had disappeared. The ones affected have the feeling like someone who comes upon a corpse. All he can say is "there is a corpse." That was all what could be said about the book.

"Here is the book" The sworn written statement of the examiner reads:

"Appendix D

"This document deals with all columns and pages (Acceptance of last will and testaments in decisions of the Surrogate Court in the State of New York)

"During my examination, as it is shown in Appendix C, I discovered that Book I from this series was not present, and I was informed about this by the chancelrey of said Surrogate, that as much as he knew - this contained a span of 20 years as an employee in the chancelrey of the Surrogate Court - that the said volume I of these series was missing for the last 15 years and lost, and not able to be found. The pages of said book contain the years of 1847-including 1850."

The book is called "Surrogate-Protocol" wherein the documentations of last wills and testaments of deceased partners are written down. The documentations were written on the cover inside of the book, these described the steps of the young boys from the prairies of Wisconsin in the year 1849. Further the story of Meggett where the words "While reading the document in the book" are contained.

There is a cloud of secrets hovering over this matter, which nobody will ever be able to explain. There ends the story of the two men which met in 1873 during strange circumstances. They knew each other for 33 years, and for 29 years they were business partners. And this one, his partner, the German boy, John Nicholas Emerick entrusted with his posessions. Now (1936) five generations have passed, the nation has spread across the continent, and where once millionaires lived, there are now multi-billionaires. Emerick died and was buried during the early days of the new nation. Astor died when the nation began to spread, and five generations enjoyed the fruits of his labor. The secrets which are connected to the estates and possessions of these two men will probably never be known to the generations of this earth.

Christopher Emerick, the brother of John Nicholas, says on his 80^th birthday, while looking at the old family bible, the document in the suitcase of his brother John Nicholas, these moving words:

" My 80^th birthday. Time takes its toll. My youngest son and I are looking at my mother's Bible, our true family chronicle, and also at the suitcase of my brother John Nicholas. John Jacob is the most worthless and darkest crook who ever lived. They do not shy away from anything, to get his possessions into their hands, and they have no scruples to hold it. My brother Valentine never had the experiences with them as I had. Now I am an old man, and I would like to know whether my children will see the day for sure when the pay-out will come, or whether this remains for another world. - Christopher Emerick.

What this refers to, the reader can decide for himself. At such an age, old people will not write down such convictions unless they have a good right and also a cause. Well, until today, many will say. This is a serious write-up Christopher left with his 80 years. Lucinda was the same age as William B. Astor, the acting person amidst the drama talks at about the same age, and Meggett who left documentation. Can anyone doubt this?