No. 774
In the Shelby Circuit Court,
May Term, 1914

Thomas E. Trackwell, as
administrator of the
estate of Samantha J. Shoup,


Maggie M. Irwin,
Chester C. Heck
Susie Brown

Demand $16000
For conversion of
trust funds and accounting

Filed April 9, 1914 and
Filed Jan 25, 1916
Arie M. Taylor,
Clerk Rush Circuit Court

McDaniel & Ross,
Will M. Sparks,
Attys. for plaintiff

State  of  Indiana,  County  of  Shelby,  SS:
In  the  Shelby  Circuit  Court,  May  Term,  1914.

Thomas E. Trackwell, as administrator  X
of the estate of Samantha J. Shoup,       X
deceased.                                             X
                        vs.                                X
Maggie M. Irwin, Chester C. Heck &   X
Susie Brown                                         X

          The plaintiff, Thomas E. Trackwell, as administrator of the estate of Samantha J. Shoup, deceased, complains of the defendants, Maggie M. Irwin, Chester C. Heck and Susie Brown, and says: That the said Samantha J. Shoup departed this life intestate in Shelby County, Indiana, on December 3, 1913, and that plaintiff is now and has been since the ____ day of December, 1913, the duly qualified and acting administrator of said estate under letters of administration duly issued from the Shelby Circuit Court. That in the month of March 1910, said decedent, reposing special trust and confidence in the said defendants, entrusted to them, as her agents and trustees, the care and custody of her business affairs, moneys, chooses in action and personal property, and empowered the said defendants with full care, custody and management of all her business affairs. That at said time the said decedent was a widow about seventy years of age and was in poor health, her eyesight was bad and she was at said time without business experience and wholly unversed in ordinary business affairs. that her
husband, William Shoup, had departed this life a few years previous to said date leaving to said decedent a large amount of personal property and money. That said decedent had no children, and during all of her life since early womanhood had been the wife of said  William  Shoup,  and her said husband had attended to all the business affairs of the family; that she had never in her lifetime performed any other duties except those of a frugal, careful, painstaking housewife, and she had had no experience in business matters or the management thereof.

          The plaintiff further avers that the said William Shoup, for many years previous to his death, had been a business partner with one Charles Heck, and that the said Charles Heck had died in said month of March 1910, leaving as his widow the said Maggie M. Irwin, and the said Chester Heck as his son, and that the said Susie Brown had for many years been the bookkeeper for the said Shoup and Heck. That by reason of said relations set forth, the said decedent, upon the death of said
Charles Heck, having great and unlimited confidence in said defendants, so entrusted them with her money and property and the management thereof as aforesaid. That in the month of March 1910, there was turned over to the said defendants cash in bank belonging to said decedent in the sum of $9292.99. That from said month of March 1910, until the ___ day of September 1913, there was paid to said decedent and deposited in bank to her credit from said partnership business, which decedent had
inherited from the said William Shoup, the further sum of $7184.15, all of which sums were placed in the First National Bank of Shelbyville, Indian. That from and after said March 1910, the said defendants were empowered by said decedent with full authority to draw checks and draw out said funds from said bank for decedents own use and benefit. That said funds were by him drawn out upon checks made, written and drawn by said defendants in the name of said decedent until on September 6th, 1913, there remained in said bank the sum of $539.32 only. That the defendants, taking advantage of the age, weakness andinfirmities of said decedent and taking advantage of the confidence and trust reposed in them by the decedent, concealed and secreted all their acts and doings as such agents and trustees from decedent, and from decedents relatives; and that defendants failed at any time to make or render to decedent or her relatives any account of their acts and doings as such agents and trustees, and that they appropriated and converted to their own use and benefit the entire amount of said property over and
above said sum of $539.32, to-wit, the sum of $15937.22.

          The plaintiff further avers that he is unable to state or to determine which of the said defendants are liable to him for the amounts so appropriated. that he is unable to determine the amount appropriated by each of said defendants, and that he does not know the amount for which each of said defendants are accountable to him, and that plaintiff is unable to more particularly described the transactions of said defendants as such agents and trustees than as above set forth.

          Wherefore plaintiff prays that said defendants be compelled to account to him for the amount so appropriated, and he asks judgement against said defendants in the sum of $16000.00, the cost of this action and all other proper relief in the premises.

Signed:  Will M. Sparks
McDaniel & Ross,
Attys. for plaintiff

**The clerk will summon hereby for the defendants Chester C. Heck and Susie Brown to the sheriff of Shelby County, and for the defendant Maggie M. Irwin to the sheriff of Rush County and make said summons retainable. May 11th, 1914.

Signed:   Thomas E. Trackwell,

By: McDaniel & Ross, attys.

Transcribed by Melinda Moore Weaver

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