Martindale's unclaimed money, lands and estates manual. Devoted to the interests of all who are in search of unclaimed money, lands or estates--next of kin--heirs at law--legatees, etc. ...

Front matter

mass C S Jc 3 GoipgJitS?

rOPXRIGHT DEfOSm

A

CHAPTER I. English Law of Limitations 9

CHAPTER n.

Limitation Laavs — United States 14

CHAPTER IIL Public Land Laws OF THE United States 21

CHAPTER IV.

Curiosities OF Next of Kin 25

CHAPTER V.

Dormant Funds in Chancery. 31

CHAPTER VL English Estates Reverting to the Crown 40

CHAPTER VIL Claimants - 48

CHAPTER VIII.

Trinity Church History — Anetje Jans Estate 52

CHAPTER IX.

Estates in Chancery.

Estate of John Turner _ 61

The Mangini-Brown Estate _. 62

Catharine Chapman Estate ._,„..--„ 64

Richard Thomas Estate 65

R. Goodman's Trust 66

Patterson Estate.. _ 67

CHAPTER X.

L^ST AT Sea _ 69

CHAPTER XL H EiRS AT Law vs. Charities 74

CHAPTER XIL

Bank of England — Unclaimed Dividends 78

CHAPTER XIII.

Bankruptcy — Unclaimed Divt dends 84

CONTENTS-

PAGE,

CHAPTER XIY.

CHAPTER XV.

CHAPTER XVI.

Lapsed Legacies 105

CHAPTER XVIL

MissiN"G Relatives , _ 108

CHAPTER XVIIL

TJis"EXPECTED Assets ....--..._ _ . . 112

CHAPTER XIX.

Treasure Trove 118

CHAPTER XX.

« 2-. . 129

" 3 . .„ 133

" 4...„ _ ... 136

" 5 . 151

" 6_- 152

'' 7 - 159

" 8 __ 164

" 9.. 170

'' 10 ...--.. ._- 172

« " " 12 „ 181

" " " 13 . - 185

" " '' 14 -- --. -.189

" " " 15 .... 190

" " " 16 - 193

" '' •' 17. .-- 200

Table of DiSTRiBUTioisr of Iktestates' Estates 206

ERRATUM.

"Estates in Chancery," (Chap. 9), should have been credited to DeBarnardif & Next of Kin Gazette. By a typographical error the credit was omitted.

PROBIVE.

We make no apology for engaging in the business set forth on our title-page, but wish briefly to outline the policy pursued and to be pursued. But for the abuse by adventurers and swindlers of a business in itself as legitimate as that of the lawyer, the banker, or the broker, we would not consider even this explanation necessary. We may never be able to rid the business of its present odium, but we do pledge ourselves to do all in our power to that end, and shall never shrink from the task of publicly exposing frauds by which over-sanguine claimants are swindled out of their money, whenever such cases are brought to our notice. We shall endeavor to raise no false hopes, but when convinced that a claim is hopeless, will, as far as possible, prevent such claimant from expending money on it. We have, and can always have, plenty of legitimate business, and want nothing to do with imagined estates or visionary claimants. So much has been said and done respecting large estates supposed to exist in the old country, that it becomes our duty, right in the outset to say that which may have the efiect of dispelling many a blissful dream; but the dreamer may have his reward, if he will, by the saving of his money. We do not dispute the fact that large sums of money do exist in almost every European country awaiting rightful claimants, many of whom are residents of America; but, although in the aggregate they amount to millions, yet they consist for the most part of a multitude of small estates.

Those amounting to millions, or hundreds of millions, are very "few and far between." There is a tradition in a vast number, we might say in most of the old families, that they are entitled to a large estate in England, France, Germany, or some other European country; and as such traditions descend from father to son, the expected value always increases till it often reaches a sum too large for a common mind to grasp. Numerous associations have at difierent times been formed for the purpose of prosecuting these fictitious claims. One or two ingenious persons proceed to set the ball rolling by sensational articles in the newspapers, or by circulars, calling all persons of a certain name to apply to them respecting a large derelict estate in the Old World. The statements are made with circumstantial details, having every appearance of truth, and, although seemingly harmless, are often the cause of great disappointment, trouble and expense. A list of names of the expectant heirs is prepared, a liberal estimate of expenses is formed for a trip to the old country, and the amount required is divided pro rata amongst all the claimants, who are then called upon to contribute their respective shares. It is understood in such case that they will be entitled to participate in the estate in proportion to the money subscribed, and so we get a joint-stock company. The scrip of such an adventure has been known to sell as high as two per cent of the supposed value of the estate. It requires but one or two to lead the way, and, like a flock of sheep, they all follow blindly, regardless of the most patent facts.

Many cannot trace their pedigrees a generation back. They do not even know who has left the fortune sought to be recovered. A simple and vague statement that one "Hyde," "Lawrence," "»Tennings," or others died in England a century ago suffices. Such trifles as a Will or the Statute of Limitations do not trouble them. The supposition that a person of their surname was at one time possessed of wealth is sufficient to create all these subscribers to fortune " heirs to vast estates." They are unaware how little the mere similarity of name is worth in genealogical researches. Once possessed of the idea, it becomes their pet child, and their fancies range over a vast domain of possibilities which may place them in affluence. The demon of speculation becomes as strong in them as in any dealer in " options " on the Chicago Board of Trade. They are nearly always poor or ignorant people, w"ho are dazzled by the prospect of becoming suddenly rich, and are lured on until the exhaustion of their means puts an end to the investigation. But the dream remains as vivid as ever; the delusion is clung to with even greater tenacity; and all that remains for them to do is to complain of their wrongs, of the injustice of the law, or the fraud of some unknown trustee. The legend will, perhaps, be handed down to their children, who in their turn may seek possession of these imaginary millions. What is the result of these *' associations," which, it may here be remarked, are by no means of recent date, some having been formed nearly half a century since? The agent (generally the promoter) deputed to discover the broad acres, on arrival in the old country, spends most of his time at the Probate Registry, endeavoring to connect a Testator, or an Intestate, with a member of the Association; and, when the locality is known, he has

PROEM. 5

recourse to the Parish Eegisters. Finally, he seeks the assistance of a lawyer, who in most instances dissuades him from proceeding further with the vague information in his possession. After a prolonged and useless sta}^ he returns to the States, and a " Keport " is then printed, containing copies of wills, a few extracts from Parish Registers, and sometimes a copy of a crest. This is sent to each member of the syndicate. Notice of a second meeting is given, and, if sufficient funds are raised, another visit is made to Europe, and so the matter goes merrily on until the funds are exhausted. In some instances the agent reports that he has been unable to find the estate; or that, owing to the lapse of time, it cannot be recovered; or, mayhap, it is in the possession of the rightful owner. In one case, no less than three of the expectant heirs and two lawyers went to London, to endeavor to recover a small square in the East End. In another, an agent for some twenty years past has derived a living from the pseudo-claimants to a Townley estate which has long since been claimed and properly disposed of. A third has actually crossed the Atlantic no less than seventeen times. Not one of these associations has ever succeeded in recovering the estate, or, we would say, of even finding any vacant recoverable estate, whether real or personal; but, as an unsupported assertion is easily made, a locality is chosen by the agent bearing the name of the association, and is declared to be the estate sought for.

It is to no one's interest to go to the expense of proving a negative, and so the assertion remains, if not unchallenged, at least not disproved by evidence. Thus the "Hyde," "Knight," "Harland," and "Hungerford" estates are said to consist respectively of " Hyde Park," " Knightsbridge," " Harland Square," and " Hungerford Market and Bridge." If titles to real estate were to be upset upon such slender foundations as the mere coincidence of a name, owners of property would have to consider in title deeds the name of the street in which their houses are situated. We should advise all persons who believe themselves entitled to property to be very cautious how they expend their money in verifying their suppositions. Large estates are few in number, and any one wishing to know whether there is any foundation for a report that an estate is unclaimed, can readily do so by applying to some responsible person engaged in that line of business. If any such estates exist, they are invariably known, and are usually placed in due course of Administration by the Chancery Courts. Many persons are undoubtedly entitled to money which can still be recovered, although such claim may have been in abeyance for upwards of a century. We do not advise persons to go to the other extreme, and take no interest in the subject, because they fancy that, owing to the impecunious position of their family, they cannot be entitled to a fortune. Although correct so far as '' fortune " is concerned, they may yet recover an amount to compensate them fully for their trouble, as these moneys generally find their way into the pockets of those who least expect it.

In the following pages lists are given of persons who (if living, or, if dead, whose heirs) are entitled to money, and in most instances the persons mentioned are entitled to sums well worth recovering. In some cases investigation has not been made to ascertain what is really due, and in some cases the amount may prove too small to justify undertaking its recovery. It may be, in some instances, the money has recently been, or is now, in the course of recovery by the persons entitled to it; yet they are all worth looking into, inasmuch, as the fees charged for a preliminary examination are usually small

Advertisements for Heirs-at-Law, Next of Kin, Owners of Unclaimed Money, etc., which have appeared in the newspapers of the United States, Canada, Grreat Britain, France, and Germany since the year 1600 have been carefully preserved, classified and numbered, and the names of persons wanted numbering over 100,000 are in the possession of this Bureau.*

The following specimens of these advertisements are here inserted, simply to show their character in general:

"Baebara Anderson '(deceased.) If William Anderson, formerly of Elgin, North Britain, a relative of the above, and who is supposed to have gone abroad many years since, or, if dead, his

widow or children, will communicate with Messrs. ,

Solicitors, he, she or they may hear of something to their advantage.''

" Elizabeth Morris. — The heirs or next of kin of Mrs. Elizabeth Morris, who lately died in the State of Pennsylvania, and who was formerly the wife of Oliver Morris (comedian), are requested to

make themselves known to Messrs. . The said Elizabeth

Morris left England for America between 1770 and 1775, and paid a visit to England about the year 1802."

" John Darby and Oliver Jackson, Esqs. — The addresses of these gentlemen are required, in order that legacies of $5,000 each may be paid them. Address ."

" Ann Eaton. — If the relatives or next of kin of Ann Eaton, late of Ormskirk, County of Lancaster, Spinster, deceased, will

*For rate of fees for information respecting these advertisements, see eighth page of this Manual.

PROEM. 7

apply to Messrs. , Solicitors, they will hear of

something to their advantage. * * * * (Note. — This person died intestate, and her effects went to the Crown, who would recoup, the same on Next of Kin substantiating their claim.)"

" Thomas Nicholsoi^, formerly of Chapel End, Walthamstow, in the County of Essex, (shoemaker,) about the year 1830 left England for Upper Canada; returned to England on a short visit about ten years ago, but sailed again for Canada. If living, he is

about sixty-two years of age. If he or his heirs will apply to —

, Solicitors, they may receive a large sum of money."

This Manual will be thoroughly revised and published every year, and Supplements issued between times, as frequently as may be required; so that names for insertion may be sent in at any time. We trust we shall have the hearty co-operation of all our correspondents, as no charge is made for insertion of advertisements, and the benefits are to be mutual.

In the preparation of this Manual we have had access to similar works published in Europe, to the authors of which we feel under obligations, and take this public method of acknowledging the same. Amongst those from whose works we have drawn valuable data, we wish to name Robert Gun, Esq., Messrs. De Barnardy Brothers, and Edward Preston, Esq., all of London, England.

THE UNCLAIMED MONEY, LANDS AND ESTATES

BURKAU.

The name of this Bureau is indicative of its nature, object and aims. It was begun in 1875, and has been in successful operation ever since. Having a complete chain of connections with similar Bureaus in Europe, and having access to information relative to unclaimed estates there, that have been accumulating for over one hundred and fifty years, and concerns property of many millions of dollars, the rightful heirs to much of which now reside in America, and having correspondents in every county in the United States, we are enabled to collect and disperse information which speedily leads to the finding of rightful heirs and the recovery of long unclaimed estates.

Advertisements for Heirs at Law, Next of Kin, Owners of Unclaimed Money, etc., which have appeared in the newspapers of the United States, Canada, Great Britain, France and Germany since the year 1600, have been carefully preserved, classified and numbered, and the names of persons wanted numbering over 100,000, are in the possession of this Bureau. Information will be given as to whether or not any particular name appears in these lists, on receipt of a fee of $2.00. An abstract of the advertisement in which any name has appeared will be given on receipt of a fee of $5.00. This fee will be deducted from the fee for a full copy of such advertisement, should it be afterward desired. The fee for full copy of any advertisement is $10.00. Five or ten dollars expended in this way is often of more real value to a claimant than five hundred or a thousand dollars spent in sending an agent to Europe. These advertisements do not cover all the claims that may arise.

The fee for searching the records for a will is $10.00, where the date of the testator's death can be given within two years. If this cannot be done, the fee is $3.00 additional for each additional year, and, at this rate, the search may be extended over a period of two hundred years if desired.

The Bank of England keeps what is called " Unclaimed Dividend Books." They are now seven in number, and date back to the year 1780, and represent the money deposited in that bank, and for various reasons never called for since the beginning of the last century. They contain the names of over 120,000 depositors, with description as to profession and place of residence of each. These books can be personally inspected and any name searched for by our London Associate, for the same fee as above set forth for searching for a will.

There are thousands of tracts of land, especially in the Western States and Territories, the owners of which are non-residents and unknown, or dead, and their heirs, ignorant of the ownership. Tax titles are maturing to much of it^ and "land pirates'* have possession of a large amount under forged or "bogus" titles. We hunt up these lands, and with such facts as we can get concerning the owners,, and by means of extensive advertising can generally find the real owner o-r his heirs and place them in rightful possession. No charge is made for advertising names, but we are to share in the profits of the case should the party advertised for be found. We urge our attorneys and clients to send in such names as they desire advertised, with all facts pertaining to them.

Every letter of inquiry to this Bureau must be accompanied by a fee of $1.00 to insure an answer.

Address all communications to —

J. B. MARTINDALE, General Manager,

142 LaSalle Street, CHICAGO..

CHAPTER I.

ENGLISH LAW OF LIMITATIONS.

AS the recovery of real estate is altogether barred if an action is not brought Avithin a specified time, we have thought it advisable to give briefly the present existing law of England on the subject of Limitation of actions, as it effects real estate.

It is not necessary however for present purposes to discuss or do any thing more than briefly allude to the various ancient Statutes of Limitation, which date from the year 1540, and most of which, if not all, have been repealed either actually or by implication. No case can now arise under tliem, and they are of interest to the antiquary rather than to the lawyer. Of existing interest there are two groups of facts and phases of Law to be considered. First, the Law as it stood previously to the 1st of January, 1879; and second, the Law as it now stands. The old Act, as will be seen, has now no force or operation whatever as to such parts of it as are repealed by the new one. In enacting these and other limitation measures, the Legislature has acted on the principle that, where any person should fortuitously find himself in possession of realty to which some other person is rightfully entitled, such other person should, in the interest of the public, be placed under some restrictions as to the limit of time for his claim to be properly asserted. To divest any one of what lie has had for many years, and has made provision for enjoying in perpetuity, would probably cause more harm in the end than to permit an ignorant or negligent claimant to agitate, and carry out long dormant schemes for an indefinite period.

To dispose first of claims by the Cro^^Ti. By 9 Geo. III., cap. 16 (passed in 1769), and its amending Statutes, such claims and rights in any lands are now, and Ixave since that date, been barred after the lapse of sixty years. Xext, with regard to all other persons. Under the Law as it stood previous to the 1st of January, 1879, the Statute 3 & 4 Will. IV., cap. 27 (passed in 1832), absolutely prevented any one from bringing an action for the recovery of land, except within twenty years next after the time at which the right to bring such an action first accrued to him, or to any ancestor or other person through whom his claim might be founded or arise. This Act contained the very reasonable proviso that with respect to Estates in reversion or remainder, or other future Estates, the right before alluded to should be deemed to have first accrued at the time when any such Estate became an Estate in possession. That is to say, a person entitled to succeed to the j)ossession of an Estate on the death of anotlier person who held it for life, was allowed t^renty years to prosecute his claim from the date of the death of the life possessor, on whose death he would become entitled, and not before, to, himself enjoy an unfettered interest in the property. However, under Section 14 of that Act, a written acknowledgment of the title of the person entitled, given to him or his agent, and signed by the person in possession, extended the time of claim to twenty years from the date of such acknowledgment.

With respect to disabilities, the Act provided, that if, when the right to bring such an action first accrued, the person entitled should be under disability to sue, by reason of infancy, coverture (if a woman), lunacy, or absence beyond the seas, ten years were allowed from the time wdien the person entitled should have ceased to be under such disability, or should have died, notwithstanding that the period of twenty years before mentioned should have then expired, but with the definite proviso that the whole period do not, including the time of disability, exceed forty years. As an example, we may take a case of a right first accruing in 1840. The land would have been forfeited twenty years after, or in 1860. Supposing the person entitled had been under a disability, such as absence beyond seas, when his right first accrued (1840), a further period of ten years was granted, provided the whole time did not exceed forty years, from the date of his having ceased to be beyond seas, i. e., had he returned in 1855 his right would have disappeared ten years after that date, or in 1865, but had he returned in 1875 it would have been forfeited under that Law in 1880, and not 1885, when the whole period would have exceeded forty years. Asa matter of fact, however, the right to recover would actually have been lost on the 1st of January, 1879, when the new Act hereinafter alluded to became Law. Moreover, no further time was allowed on account of the disability of any other person than the one to whom the right of action first accrued.

By that Act, also, a mortgagee in possession was assured of a quiet possessory title at the expiration of twenty years next after he entered or gave a written acknowledgment such as that before alluded to, of the mortgagor's title or right to redeem. An illustration of the Law on this point, as it relates to mortgagees, may be of use. Let us suppose that A. has mortgaged his freehold property to B. for a certam sum, at a fixed rate of interest. The interest is not paid, and B., instead of exercising the power of sale he no doubt possesses under the mortgage deed, enters into possession, and pays himself his interest out of the rents of the property. As soon as he has been in possession twenty years under the Law then m force (or twelve years now), the right of A. to redeem and get his property back again becomes absolutely barred in the absence of the undertaking or acknowledgment before alluded to. As to an Advowson — which, it may be remarked, is a perpetual right of presentation to an ecclesiastical benefice — no action could be brought to enforce a Tight of presentation after the happening of three successive incumbencies, or sixty years (Avhichever should last happen), or 100 years in all, in case three remarkaloly long-lived ecclesiastics should happen to have been in possession for the whole century. Twenty years, too, was the limit for the recovery of money secured by mortgage, rents-service, or rents-charge and tithes ; or by judgment, or otherwise charged on land and legacies, in the absence of the statutory acknowledgment to which we have already alluded. In every case where any person who could have brought an action or suit for the recovery of the interests alluded to failed to do sc, his right was altogether extinguished. For all practical purj^oses this is an epitome of the Law as it stood prior to the 1st of January, 1879. The Keal Property Limitation Act of 1874, which took effect from"^the 1st of January, 1879, made very important changes in the Law. Such changes, however, may be readily grasped by those

ENGLISH LAW OF LIMITATIONS. 11

^ho have carefully pernsed the following remarks^ as, with one small exception, they are merely an alteration of figures in certain cases. The period of twelve years is substituted for twenty, ^as the limit of time for bringing an action for the recovery of land, or all corporeal hereditaments, and most tithes and rent or other periodical payments charged on land, from an}' person under the circumstances mentioned in the former Act and before alluded to. A good number of possessors with no title to their holdings other than the fact that they were in possession of them, must have blessed the passing of an Act that secured them the property after they had been only twelve years in occupation of it. Thus any one who had taken unto himself a property in the year 1867, was assured, under the new Statute, in the quiet enjoyment of it, by the corresponding day of the year 1879, instead of 1887, as would have been the case, if the Act had not relieved him. The disability clause is also reduced to twelve years, with six years' grace, from death, or ceasing of disability, whichever shall ^rst happen, provided that the whole period does not exceed thirty years. It may be here conveniently remarked that " absence beyond seas" ceases .altogether to be a disability under the new Act — a fact of some importance to foreigners. These are the brief, but important alterations the Law made by "the Statute of 1879 which has been rather more than five years in operation.

There are certain other Statutes and many cases affecting the limitaiiion of time for recovery of incorporeal hereditaments, such as way and water leaves and other rights, which, as they are hardly likely to be of any particular interest to our readers, we do not propose to discuss.

Generally it may be stated, that in no case has a Claimant any chance •of ousting a possessor, unless he has the amplest proofs that those in possession — who may be there by an agent, if not personally — are there in consequence of concealed fraud, or as Trustees for such Claimant. It is seldom, if ever, that these very difficult facts have been proven to the satisfaction of a Court of Law. The foregoing remarks do not, however, apply to personal property, i. e., cash, or securities for cash in Government Stocks, the Court of Chancery, and in most public Companies, as such investments are held by the Companies as Trustees for their Shareholders, -or Stockholders as the case may be, and can always be recovered, together with the accrued dividends. Legacies bequeathed by Testators, and which xemain unclaimed, are in the same position as the Stocks before mentioned, as also are shares under intestacies.

All realty must be conveyed by a deed signed and sealed by the seller, which is delivered to the buyer as evidence of his title ; but it is a matter -of considerable difficulty when a person dies intestate, or makes no allusion in his Will as to his realty, to ascertain when and how" it has been disposed ■of ; for it is only by application to those immediately concerned, that the actual ownership of land can be discovered, unless, however, it is situated in the following two counties or one district, in which disposition of land .and similar property, whether by Deed or Will, must be registered.

These counties and this district are provided with Registry Offices (established in the years mentioned), viz., Middlesex in 1708, West Riding of York in 1704, East Riding of Kew York in 1707 (including the town and county of Kingston -upon-Hull), North Riding of York in 1737. The great district of the Fens known as the Bedford Level, which was reclaimed some time since, has a special Act, vesting certain powers in the freeholder, and among others, that of requiring a registration similar to what is already in force in the counties, etc , above mentioned.

The foregoing remarks comprise all the instances in which registration is compulsory for perfecting a title. In 1862 an Act was passed, entitled the " Land Registry Act" (25 and 26 Vict., cap. 53), making provision for an optional official investigation, by a Commissioner or Registrar appointed by the Government, of any title an owner might desire to have brought under the provisions of jthe Act. On a title being found to be good, a certificate was delivered to the owner, which formed his evidence that he was duly and properly in possession. However, after two or three decisions of the Judges, that the evidence on which the certificate was obtained was open, to resifting at any time, the Statute became unworkable ; so much so, indeed, that Lord St. Leonard, perhaps the most skillful conveyancer who has ever sat on the Woolsack, stated that the Act in question made a title " absolutely indefeasible except in the event of any flaw being found in it," a piece of sarcasm which completely finished its career as a practical reform.

In 1875 the " Land Titles and Transfer Act" repealed the foregoing Statute, and established an optional Land Registry for England and Wales (commencing 1st January, 1876), on a basis somewhat extended beyond the limits of its predecessor. A Registrar of Titles and an Assistant Registrar have been appointed, Avith a large staff of clerks, both professional and otherwise. These gentlemen act very much in the same way as if they were concerned for purchasers of property, the titles of which owners bring before them. A series of General Rules and Orders regulate the practice, and a strict investigation is made. If the title be found good, a certificate of " absolute title " is delivered. If the owner has a possessory title only, a certificate stating such to be the case is furnished him. No case has yet arisen in which a certificate of either of these kinds has been taken exception to. The Act contains a variety of clauses as to registration of mortgages and leases of land subject to its provisions which, being of a technical nature, it is unnecessary for us to note here. The principal facts are as stated. As a reform and a general benefit, however, it has wholly failed, and almost as signally so as its predecessor. Lawyers, for obvious reasons, do not advise the adoption of its provisions, and owners are shy of it because it does them no immediate good, and takes heavy fees out of their pockets without any immediate benefit. Those with good titles do not want them made better, and such as have bad ones do not want it to be known that they are so. A man who contemplates mortgaging his land — and two-thirds of the landin England and Wales is mortgaged in some manner — does not wish to place himself in such a position that the fact may become known. This is a practical detail the framers of the Act overlooked altogether. Not one title in a thousand is registered under its clauses, which are, be it remembered, merely optional. The Statute is at present, of chief, if not of only, advantage to the officials who draw large salaries for administering it ; but it is to be hoped that an alteration will take place in the Legislation so as to render the registration of mortgages, and conveyances of land, compulsory, as in France where it has worked smoothly for many years past. Such an alteration would save much useless litigation and great, expense, besides conferring on the possessor an absolute and perfect title. A person may also dispose of his personal Estate by deed of gift, for which there are no Registry Offices. It is by no means rare to find an aged man giving both realty and personalty to his issue or to a stranger ta avoid paying the Government duties on his decease. In many instances.