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May 19th ,1913 Mrs Ollie Mae Hardaway Minot, N.D. Dear Cousin: |
The Farmers Deposit Bank of Brandenburg Ky, on the 13th, placed with me for collection
with directions to collect the following notes and Bills in their favor:- One for $1500.00
dated May 14th, 1912, due six months after date, and signed by Ben 8. Clarkson and Julia
Clarkson; One for $700.00 dated June 22nd 1922 due six months after date, and signed by
Ben S. Clarkson and Julia Clarkson; One for $2000.00 dated June 22nd 1912, and due
six-months after date, and signed by Lydia A. Clarkson Kempor, Ben S. Clarkson, Julia
Clarkson and Ollie Mae Clarkson Hardaway. The $1500.00 note is six months past due, and
there is six months interest due on it, and each of the other two are five months past due
with interest.
As I was ordered to collect the notes, I have no choice but to do that and take the
necessary Legal Steps in that direction unless payment can be otherwise encompassed. I
took the matter up with Ben, and he was down this morning and had a conference with me
concerning the matter of the notes and your and his matters, and said he would write you
soon concerning them. Ben has given me a schedule of his property and a valuation thereof
and a list of his liabilities, and it is plain to me that he is not now in a position to
raise any money without a great sacrifice of his property at a forced sale, and the loss
incident thereto, and which loss as I see it would ultimately fall on you girls. As the
matter now stands, the Bank would not be willing to accept a renewal of the notes, as that
would release Cousin Julias estate and they are not willing to that, and direct the notes
collected.
Now as to the course I will have to take in the matter as Attorney,
will be to have an Administrator appointed for Cousin Julias estate, and have said estate
administered and subjected in so far as it is necessary to the payment of the Bills. This
is a step I hate to take and hesitate to
take as it would entail considerable cost, running into the hundreds of Dollars all of
which would be and mean a clear loss to you two.
Ben appears to be clearly solvent and at a fair valuation of his property at the prices it
will bring at a voluntary sale, it shows a balance of about three thousand dollars after
deducting the amount of all of his debt.
These being the facts and the situation, while it is hardly in my province
to advise you, being Attorney for the Bank, yet I will suggest that the
only way I see for you to save yourselves will be to take from Ben a note and Mortgage for
the amount of the debt he owes you and the amount of the
Three debts due the Bank, and for you to pay off the debts to the Bank. The Mortgage which
Ben executes to cover every thing he has, including growing wheat, corn and tobacco. You
may think think that this suggestion from me is provoked by the fact that it comprehends
an early payment of the notes to the Bank, and to disabuse your minds of that idea I will
explain that my fee from the Bank in the matter will in accordance with the servis I
render, and a collection of the notes by suit would entitle me to double the fee that I
will be entitled to if I collect them without suit, and with little effort, and if self
interest was back of my counsel, I would want you to force me to file suit on the claims.
Ben said that you had talked some about contesting the claims as to
cousin Julia's estate, all I have to say is that if you think you could defeat the claims
it is a duty you owe to yourselves to do so, but in my
judment any move along that line would be a useless waste of money in cost. The claims are
valid against Cousin Jules estate, and I believe that so
strongly that I would not hesitate to Guarantee that her estate would be held liable for
and subjected to the payment of the claims. However if
you wish to contest the claims let me know at once so I can put the matter in shape to get
it before the Courts at the earliest possible moment. If the notes had been placed in the
hands of any other Atty, they would have had an Administrator appointed before the end of
the 13th, and as I am holding the matter up on account of my consideration for all of you,
I want you to let me know at the earliest possible moment what you will do. lf an
Administrator is necessary I want one appointed at once.
With regrets that business has forced me to write this letter to you, and
with the hope that you will take the wise course in the matter, I remain,
Yours truly,
(signed J.M. Richardson)