JOHNSON and SCHAUFELBERGER GENEALOGY
HAWKINS Letters
From
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To
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Dated
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George Hawkins
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September 10, 1912
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LETTER
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ENVELOPE
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To:
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George Hawkins
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Addressed To:
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(no envelope; from the letter:
21 Tulip Street
Richmond Hill, L.I.
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From:
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BH Goddin (sp?)
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Return Address:
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502 W. 173 St N.Y. City
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Date:
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September 10, 1912
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Postmark:
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Stationery:
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4 mostly typed pages on plain white paper
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Stamp:
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Last night Mr. Onderdonk paid us a visit together with a lawyer relative to the sale of the 44th street house.
The lawyer was armed with considerable data in connection with the various people interested in the Estate and he made a strenuous effort to confirm the information which he already had and also to secure additional information which he did not get.
The story is a long one and it would be impossible to recite all the details on paper, but to make a long story short, Mrs. Onderdonk is exceedingly displeased with Mrs. Inslie, and has made up her mind that unless those interested in the Estate will buy out her share, which amounts to -- 1/4 of 1/9th, she will institute partition proceedings through this lawyer and compel the sale of the house. In order to ascertain whether those can be done I had a long talk with Mr. John Davis, a lawyer for whom I worked as a boy and with whom I have kept in close contact for the past fifteen (15) years, and the fact that he was recently nominated for the position of Circuit judge here in this City, is sufficient evidence that he is an authority.
Mr. Davis stated from his recollections of the facts when he handled Etta's and Lottie's claim at the time of their Father's death, that it was legal for the lawyer to proceed as stated.
As you probably know Etta and Lottie also have the privilege of bringing a partition suit, and the only point in question that now remains is this:--
Do you think it advisable to allow Mrs. Onderdonk's lawyer to proceed, or do you not think it advisable to have Mr. Davis represent all of those interested in the Estate to proceed before Mrs. Onierdonk's lawyer files his first paper in the court, which will then prevent Mr. Davis from acting as attorney for Etta and Lottie, who could then be plaintifs if Mr. Davis sued first.
As you probably know the fees and the expenses incurred by the plaintifs lawyer who brings the suit are deducted from the proceeds of the sale of the house, and this expense is naturally dificed among all those who are interested.
Does it not naturally follow that Mr. Davis through his friendship would do all in his power to protect the Estates interests, while on the other hand Mrs. Onderdonk's attorney would certainly protect her interests without considering the rest of those interested. In other words the fact of the matter as it stands at present is this:--
Absolutely nothing can prevent Mrs. Onderdonk's lawyer from proceeding to sell the house in due course, and inasmuch as this fact cannot be offset, I personally think that it would be far better for all concerned to have Mr. Davis, whose integrity cannot be questioned start the suit, which of course is a friendly one, and in this way Mrs. Onderdonk's lawyer will be shut out entirely and she will be compelled to pay him a fee personally if he ?? as her lawyer.
You will realize that prompt action is absolutely imperative in fact it may, now be too late to take any step whatever except to wait the final result providing that Mrs. Onderdonk's lawyer has already filed the proper notice as attorney for the plaintif.
I merely mention this fact so that you will give the matter your prompt and careful consideration and I am sending you herewith several copies of this letter which you may wish to send to your Brothers and Sisters so that they may also give the matter their consideration.
Mrs. Onderdonk's lawyer intimated that she would consider a cash offer for her share in the property and which of course would forestall the partition suit.
A partition suite is probably the most expensive of all litigation.
It will be necessary to eventually place the entire proceeding before a Referee, who is appointed by the court and his fee is also deducted from the proceeds of the sale.
In closing I want to impress the fact that Etta and Lottie are not anxious to sell, but will abide by the wishes of their Uncles and Aunts, but this is a case where Mrs. Onderdonk's lawyer holds the cards.
Of course a partition suit is absolutely the only way in which the property can be sold as there is no other way out of it.
I shall await any suggestion which you may have to offer and being right here "on the ground" I shall be more than pleased to protect, as far as I can personally, the best interests of all those concerned.
After careful thought, taking into consideration the present circumstances which cannot be avoided, I would personally suggest that Mr. Davis be authorized to proceed with a partition suit if it not too late, and thus force Mrs. Onderdonk's lawyer out of the game and in this way he will be prevented from getting the fees and expenses which the court will allow. This, however, is merely a suggestion.
In all events let me hear from you without delay so that I can take steps, if possible, to prevent the inevitable.
Etta and her mother wish to be remembered with love to you and yours and I also wish to be remembered to Lottie, Jack and the youngsters, and with kindest regards to yourself,
Cordially yours,
B H Goddin
Questions:
Euphemia Hawkins has died which is why the house is available for sale?The letter is addressed to George W. Hawkins, Sr.?The "Lottie" referenced is Charlotte Eloise Hawkins?The "Etta" referenced is Susan Estelle Hawkins?"Mrs. Onderdonk" is a child of one of the children of Charles P. Hawkins? (which would explain her 1/4 of 1/9th share if she has 3 siblings), possibly William Alfred Hawkins who died in 1906/07.