Emilie B. "Emily" Brohman

1847 - 1895  (48 years)

• Name	Emilie B. "Emily" Brohman
  Born	1847	Woolwich Twp., Waterloo Region, Ontario, Canada   [1, 2]
  Gender	Female
  FindAGrave	https://www.findagrave.com/memorial/143415209
  Residence	1881	Hespeler (Cambridge), Waterloo Region, Ontario, Canada   [2]
  Eby ID Number	Waterloo-112802
  Died	19 Feb 1895	Omaha, Douglas, Nebraska, USA   [3, 4]
  Buried	Holy Sepulchre Cemetery, Omaha, Douglas, Nebraska, United States   [4]
  Person ID	I112802	Generations
  Last Modified	30 Sep 2024

  
  

  Father	Ignatius "Ignace" Brohman,   b. 7 Jul 1814, , Alsace Lorraine, France ,   d. 11 Dec 1890  (Age 76 years)
  Mother	Matilda Goetz,   b. 1817, , France ,   d. Bef 27 Sep 1853  (Age < 36 years)
  Married	23 Aug 1836	Maryhill (New Germany) Waterloo Twp., Waterloo Region, Ontario   [5]
  Family ID	F15495	Group Sheet  |  Family Chart

  
  

• Notes

  Sisters in Court An interested crowd of spectators were hanging about Judge Amrbose's court yesterday watching the trial of a case where two sisters were arrayed against cach other in a $10,000 damage suit, while upon the table there reposed two pairs of scissors and a large sized carving knife, all waiting to be introduced in evidence. It is the case of Regina Marrow against Emily Hespeler, and the plaintiff alleges that on January 31, 1893, the defendant assaulted the plaintiff with one pair of scissors. In another count the plaintiff alleges that the defendant got in her work, the knife and the other pair of scissors getting in their work. On Independence day. 1893, the plaintiff charges a lot of hair pulling, all of which the defendant denies, alleging that she has always been a good and kind sister. Omaha daily bee., October 17, 1894, Page 2 ______________ FIRST OF HESPELER SUITS. Contests Over the Will Begun - Other District Court Matters. The first of the suits which were promised upon the filing of the will of the late Emily B. Hespeler about a week ago was commenced yesterday in the district court by the filing of a petition by Mrs. Regina Morrow, a sister of the deceased, asking to be awarded $4,000 out of the estate. As was stated in The Bee at the time the will was filed, that instrument ignored all of the blood relatives of the deceased, and made Colonel George Hespeler, a stepson. the sole heir and administrator of the estate without bonds. The existence of the will up to the morning of its arrival was not even suspected, for a careful search of Mrs. Hespeler's trunks and effects was made by her relatives soon after her death. The will, however, had been deposited in Canada by the deceased before she left her home there, and its appearance was a cause of dismay to the relatives here. No end of suits were talked of, and Mrs. Regina Morrow set the ball rolling yesterday. In her petition Mrs. Morrow alleges that on January 29, 1894, she commenced a suit for personal damages against Mrs. Hespeler and recovered a verdict of $4,000. Mrs Hespeler's attorney the very next day filed a motion for a new trial, without, however, having notified either Mrs. Morrow or her attorney, and on the day following argued the motion, and assured the court that the opposing attorneys had been notified, but that they did not care to contest the case further. The verdict was set aside. Mrs. Morrow alleges that for a period of one year she believed that the court had set aside the verdict in the exercise of its judicial discretion, but then learned that such action was taken solely by reason of the fraud perpetrated upon the court by Mrs. Hespeler and her attorney. Wherefore, she wants $4,000 worth of Mrs. Hespeler's estate. Omaha daily bee., March 24, 1895 pg 8 ________________ HESPELER ESTATE IN COURT Relatives Fighting for Property Left to a Stepson. The contest over the will left by Emily B. Hespeler has been transferred to the district court. The whole Hespeler family is mixed up in this fight. The estate, while not worth a great deal of money, has started a bitter quarrel. A stepson was left every thing by Mrs. Hespeler, five sisters and a brother being forgotten. One of the sisters holds a $4,000 judgment for damages from a personal encounter between her dead sister and she is not particularly interested in breaking the will. The others have succeeded in getting a judginent, allowing George Hespeler, the stepson only his mother's personal property. From this he appeals. Mrs. Hespeler willed to him a 400 acre fruit farm in Missouri, and he desires to to be heir to her real estate, as well as to her personal property. Omaha daily bee., July 17, 1895, Page 8 ________________ MR, HESPELER HAS HIS SAY. Other side of the Case Where Property Was the Issue. The legates under the will of the late Mrs. Emily Hespeler, George Hespeler, takes considerable exception to the attitude in which he and Mrs. Byers, the sister of Mrs. Hespeler, have been placed by reports purporting to give an account of the disappearance of the laces, together with a trunk from the residence of Mrs. Hespeler, at the time of her death. At that time the sisters of Mrs. Hespeler charged Mrs. Byers with stealing a trunk containing $2.000 worth of rare and costly laces, which Mrs. Hespeler had accumulated. A complaint was flied in police court. It was later dismissed, George Hespeler says, because Judge Berka saw that nobody but Mrs. Byers, or he, was entitled to the posession of the property. "The facts were just this," he declares, "Mrs. Herpeler was my step-mother, and left me everything. I directed Mrs. Byers to get hold of that trunk at all odds, as I was in Canada at the time and knew it was the desire of my mother that the other sisters should not get a scrap. So she carried out my desire and got the trunk out of the house the same night. Mr. Hespeler died. It is true that the probate court has decided that the will is only good as to personal property and thus cut off my right to about $10,000 of real estate which will accordingly go to the sisters, who were otherwise cut off by Mrs. Hespeler without a cent. But more will be heard of this case before the matter is finished." Omaha daily bee., April 23, 1895, Page 8, _____________ MANY SUITS ARE IN SIGHT. Sisters of Emily Hespeler Arraying Themselves in Court to contest a Will. Metaphorically speaking, a bombshell dropped yesterday among the relatives of the late Emily B. Hespeler, who died on February 19 last. It was in the shape of a will, bequeathing all of her property to her stepson, Colonel George Hespeler, and disinheriting a dozen or more of her own relatives. Soon after the death of Mrs. Hespeler, a sister. Mrs. Mary Byers, called at the house, 1238 North Twentieth street, and took away a trunk containing a lot of valuable personal property, which she had conveyed to her own house, much against the wishes of George Connelly, a roomer at the Hespeler home. She then telegraphed to Colonel Hespeler, informing him of the death of his sister. Later on Connelly swore out a warrant for the arrest of Mrs. Byers, charging her with larceny, and she was called into police court, where the case was continued for two weeks. In the vent that Mrs. Byers is hold guiltless of the larceny charge she will commence a criminal prosecution against Connelly, in addition to suing him for defamation of character. Mrs. Hespeler's maiden name was Brohman, and when 19 years of age she went to work for the man whose name she bore, and who was a wealthy manufacturer, after whom the town of Hespeler, in Ontario, Canada, was named. Hespeler was an old man, and he had two sons older than the fair Emily, but this did not prevent his becoming a victim to the charms of his pretty employee. The result was a marriage, with the understanding that if the survived the old gentleman, she should be his sole heir, and in turn, upon her death, she should will all of her possessions to his sons, Hespeler died, us also did one of his sons, and the widow came to Omaha. She did not succeed, financially, and originally out worth $100,000, she leaves over $11,000 in personal property and real estate. About a year ago she got into a personal encounter with one of her sisters, Mrs. Morrow, who sued her for $50.000 damages for injuries to her person. The sister recovered a Judgment for $4,000, which was, however, reversed upon second trial before Judge Ambrose. The relatives of the deceased fondly hoped and believed she had left no will, as a careful search of her personal effects was eagerly made. Mrs. Hespeler did make a will, however, which she left in Canada, and which arrived Friday. Under it Colonel George Hespeler, her stepson, is made sole heir and administrator, without bonds. Among the personal effects of the deceased are 146 pieces of lace, valued at $2,000. There is every prospect of a half dozen suits being commenced over the will by the different relatives of Mrs. Hespeler, who consider themselves unjustly treated. Omaha daily bee., March 17, 1895, Page 8 ______________ Minor Court Matters. In the case of Emily Hespeler and Regina Morrow, two sisters, who were arrayed against each other in Judge Ambrose's court over the issues in a $10,000 law suit, the Hespeler woman wants it distinctly understood that she allowed the Morrow woman to live in her house, rent free, for a long period of time. In addition to this she states that she loaned Regina a large sum of money, which was never paid, and that the asking for the return of this money was the original cause of all of the difficulty. Omaha daily bee., June 26, 1894, Page 6 _________ FIGHT OVER HESPELER WILL It Finally Comes On in the District Court. QUESTION OF INTERNATIONAL JURISDICTION Part of the Property in Canada Where Will Was Made and Heirs Object to Probate Here. The legal fight among the heirs of the late Emily B. Hespeler was ventilated yesterday in Judge Keysor's court. The case was appealed from the probate court, where Judge Baxter decided in such a manner as to satisfy none of the parties interested. When the hearing on the probate of the will come on one heir, a stepson, attacked the right of Judge Baxter to probate, charging that the Instrument was executed in Canada and that there it should be probated. The brothers and sisters of the deceased, on the other hand, none of whom were mentioned in the will, wanted the hearing to come before Judge Baxter in order that they might attack the validity of the document. The estate comprised about $2,000 worth of personal property and an estimated $1,000 worth of realty, located in Canada. Judge Baxter decided to admit that portion of the will to probate in which the personalty was bequeathed, but determined that he had no Jurisdiction over the realty. This decision. did not satisfy one contestant in particular, a Mrs. Morrow, as she holds a personal in Jury judgment against the estate for $4,000, Mrs. Hespeler appeared to have a mania for collecting costly laces and at the time of her death these comprised the major portion of her personal property. This hobby was given latitude after her marriage with a wealthy manufacturer in Hespeler, Canada, where she was an operator in his factory. The stepson still lives in the town of Hespeler and is reputed to by worth $250,000. At the time of the death of Mrs. Hespeler the personal property furnished the basis for a police court squabble between one of the deceased's sisters and a man named Connoley, who lived with Mrs. Hespeler as a boarder. The sister attended Mrs. Hespeler during her last illness and when she died she tried to remove some of the trunks which were filled with laces, saying that Mrs. Hespeler had promised them to her. Connoley demurred, but the sister circumvented him and obtained possession of the trunks. Connoley caused her arrest, but before the matter was settled the property passed into the possession of the probate court. Connoley claimed to hold a lien against the trunks and their contents, but before the claim could be decided he also passed away. He died late one night from heart disease while sitting in a chair in front of the Union hotel on North Sixteenth street, where he boarded. Omaha daily bee., January 03, 1896, Page 7 __________ Minor Court Matters In Judge Ambrose's court the case of Regina Marrow against Emily Hespeler is attracting the attention of a jury and a number of the lawyers, all of whom are watching a butcher knife and a pear of shears which have been introduced in evidence. The whole trouble grows out of a family affair, in which one sister is suing the other to recover the sum of $10,000 on account of personal injuries alleged to have been sustained. Omaha daily bee., June 21, 1894, Page 8 _____________ HIS HEART FAILED HIM. Henry Conley Drops Dead in Front of His Lodgings. A few minutes before midnight last night Henry Conley, a boarder at the Unton hotel at Sixteenth and Webster streets, died suddenly while sitting on a settee in front of the hotel. Half an hour before he came up from the bakery in the basement of the building. complaining that he was feeling sick from some tobacco that he swallowed. He sat down on the sette and a minute before his death other people who were sitting in front of the hotel saw his head fall back on the support of the settee and noticed that his face was convulsed. They ran to his assistance, but his heart had stopped beating. Several physicians were called, but could render no assistance. The coroner was notified and the body was removed to the morgue. Conley was the man who figured in the Hespeler will case. Last winter Mrs. Hespeler, a widow, died and left an estate of $10.000. Conley was very intimate with the widow and on her death. when her sister. Mrs. Byers, came to the house, he refused to allow her to remove any of the effects. Mrs. Byers, however, succeeded in getting several trunks away. containing a quantity of valuable laces, and Conley caused her arrest on the charge of larceny, claiming that she had no right to remove the trunks. The case was later dismissed. Meanwhile Conley put in a claim of several thousand dollars against the estate for services that he had rendered the deceased woman. The case is still in the courts. Conley was worried over the matter considerably, as he was almost out of money, but he always spoke confidently of getting money out of the estate in due course of time. Conley was almost 40 years of age. He came to this city in the fall of 1992. He lived at Mrs. Hespeler's house until the time of her death and since that time has lived at several places, going to Union hotel an May 10, His home is in Platteville, Wis.. where he has a father, mother and sister living, the latter having married last week. The physicians who examined the man came to the conclusion that he died from heart disease, although his friends have noticed few symptoms of it. The men in the bakery, where he was accustomed to spend his evenings, say that he left last night be cause he appeared to be overcome by the heat, and that he had been affected in the same way before. His relatives will be notified today of his death. It is not yet decided whether an inquest will be necessary. Omaha daily bee., July 02, 1895, Page 2 ____________________ Case Gets a Backset. The Marrow-Hespeler fight in district court has received a setback at the hands of Judge Ambrose. He refused to entertain two motions made by the plaintiffs, one asking that the verdict in the case be set aside, and the other, that the court settle a bill of exceptions. The damage suit of Regina Marrow against her sister, Emily Hespeler, has been in court so long that the details relating to the fight between the two in the house of the former are well known. For being beaten with an ax and other weapons, the former recovered a verdict in 1894 of $4.000 against her sister, who is now dead. This verdict Judge Ambrose set aside. When tried again the case was lost. The overruling of the present motions means that the court refuses to re-establish the first, or $4.000 verdict, and also refuses to settle a bill of exceptions in the case so as to appeal to the supreme court. Omaha daily bee., May 24, 1895, Page 3 _____________ The case of Regina Morrow, plaintiff. against William O. Gilbert, administrator of the estate of Emily Hespeler, defendant, comes up from the district court of Douglas county, Judge Ambrose presiding, to the supreme court on petition in error. In the court below plaintiff alleged in her petition that Emily Hespeler made an assault upon her, knocked her down several times and used abusive and insulting language, besides threatening to kill her. This occurred on January 31, 1893, and on the first day of May following the assault was repeated, and again repeated on July 4. Plaintiff accordingly sued defendant for $10,000. The jury brought in a verdict for $4,000 for plaintiff. and a motion for a new trial on the part of defendant was sustained by Judge Ambrose. In the second trial the jury found for the defendant and a motion for a new trial was overruled. Meantime Emily Hespeler died and the case was revived in the name of Henry O. Gilbert, special administrator, defendant, and the case brought up to the supreme court, Regina Morrow, plaintiff in error, against William O. Gilbert, administrator of the estate of Emily Hespeler, deceased, defendant in error. Omaha daily bee., June 15, 1895, Page 5 _________________ MAINTAINING HIS DIGNITY - Judge Scott Shows His Displeasure by Disbarring Attorney Gilbert. ROASTS TWO OTHER JUDGES OF THE COURT Would Be Pleased to Disbar Judges Baker and Powell, but Cannot Do So Under the Law. Judge Baker of the district court escaped disbarment yesterday at the hands of Judge Scott of the district court, simply and solely because he is just as much of a judge as Judge Scott. If Judge Baker was one step lower on the judicial ladder, Judge Scott would disbar him in a minute. Judge Scott said so yesterday. "I cannot disbar him. He has been elected by the people to a position co-ordinate with mine and he will stay there two years longer. I cannot reach him." remarked Judge Scott, but he talked and acted just like a judge who would not like anything better than to put his Judicial fingers into Judge Baker's judicial hair and pull some of it out. Attorney Gilbert is not a judge and therefore he could not escape the judicial wrath. He was disbarred, and for the next six months he cannot practice in Judge Scott's court room. Judge Scott incidentally put this sentence upon him while he was on the way to the point where he wanted to disbar Judge Baker, but could not. But Attorney Gilbert is not worrying. Judge Scott would probably have done something with Judge Powell if the two were not judicially of the same size. But he would not be so severe on Judge Powell as to disbar him. However. Judge Scott put Judge Powell in the same class with Judge Baker and Attorney Gilbert, and intimated that if there was any anarchy in Omaha the three would be responsible for it. These judicial opinions and decisions were delivered by Judge Scott from the bench yesterday. They resulted from the outgrowth of the litigation over the Hespeler estate. WHERE THE TROUBLE STARTED The Hespeler case is an old one. It was started by Regina Morrow against Mrs. Hspeler in a suit to recover about $4,000 for personal injuries. The case was begun when Judge Scott was on the law docket and was tried before him. A jury returned a verdict in favor of Mrs. Morrow, but this was later set aside and another jury found in favor of Mrs. Hespeler. Judge Scott set aside this latter verdict and reinstated the other. By this time Mrs. Hespeler was dead, but the Judgment was dated back so had to come within her life time. As the case now stands on the docket its title is Regina Morrow against Attorney W. O. Gilbert, administrator of the Hespeler estate. On the judgument in favor of the plaintiff. Morrow, Judge Scott issued an execution for the sale of the property of the estate. On the day before the property was to be sold it was represented to Judge Baker that the Judgment had been given after Mrs. Hespeler was dead. He did not think that things had been done arcording to strict legal procedure and he therefore recalled the execution. This occurred a couple of weeks ago and it was then that Judge Baker and Scott threw orders galore at each other, a nulling each other's instructions to the sheriff about the sale. It will be remembered that the affair culminated in the arrest of the whole force of the sheriff's office for contempt of Judge Baker. All succeeded in showing their innocence except Deputy John Lewis, who was to have made the sale. Lewis was kept under arrest until after the hour arrived when the sale was to have occurred and then he gave up the writ of execution and was discharged. Although he had no writ Deputy Lewis went ahead and made the sale in order not to he in contempt of Judge Scott. The property was duly sold, but it was done some little time after the legal hour. Therefore Attorney Gilbert appeared before Judge Powell, on whose docket the case was, and secured an order setting aside the sale. The attorneys of the Morrow woman in the meantime had filed a motion before Judge Scott to confirm the sale. The scene in Judge Scott's court room occurred over this motion Testimony was introduced to show all the circumstances in connection with the sale. At the conclusion of the introduction of the evidence Judge Scott set aside Judge Powell's order setting aside the sale and entered the order confirming the sale. No one now knows whether the property is sold or not and they are waiting for the next Judicial move. It was in the course of his decision in confirming the sale that Judge Scott roasted Judge Baker particularly, Attorney Gilbert next and then Judge Powell mildly. Omaha daily bee., October 17, 1897, Page 2 ________________ SCOTT MUST SHOW CAUSE Great Enjoiner of Everybody is Himself Now Enjoined. CITED TO APPEAR BEFORE SUPREME COURT Gets a Taste of His Own Medicine and Is Restrained from Issuing More Injunctions in the Hespeler Case. Judge C. R. Scott, who has been dealing quite extensively of late in the injunction business in various forms, has been given a dose of his own medicine by the supreme court of this state. Yesterday Judge Scott was served with a writ of injunction issued from this high tribunal, enjoining him from doing certain things and citing him to appear before the supreme court on November 3 to show cause why he should not be permanently restrained and enjoined. Judge Scott stepped on the toes of the supreme court in the action he has been taking in the case of Regina Morrow against William O. Gilbert, administrator of the estate of Emily Hespeler, deceased. On two or three occasions in the laat few weeks Judge Scott has figured in some decidediy sensational legal preceedings in the case. These grew out of an attempt to sell the property of the Hespeler estate to satisfy a Judgment secured in the district court, although the case was appealed to the supreme court. During the last court vacation Judge Scott. although the case was not on his docket, issued a writ of execution ordering the sheriff to sell the property. As soon as this procceding became known to Administrator Gilbert he appealed to Judge Baker, who had charge of Judge Powell's docket, on which the case appeared. Judge Baker ordered the recall of the writ of exceution and then followed the interchange of compliments between Judges Baker and Scott in the form of orders, countermanding each other's instructions, which finally culminated in the street and arraignment before Judge Baker of the entire sheriff's corps for contempt of court. They secured their release only by giving up the writ of execution. BEFORE THE SUPREME COURT. Although he had no writ but an order to obey Judge Scott, Deputy Sheriff Lewis went ahead with the sale and did sell it. Administrator Gilbert at once brought the matter before Judge Powell, who entered an order setting the sale aside. At about the same time the attorneys for Regina Morrow filed a motion before Judge Scott that the sale be confirmed, The hearing on the motion occurred before Judge Scott last Saturday, It was decidedly interesting. Judge Scott disbarred Administrator Gilbert from practicing in his court for six months, said he would disbar Judge Baker if he could reach him and spoke in a pitying way of Judge Powell. He then made a verbal order, setting aside Judge Powell's order and ordering the sale to be confirmed. Attorney Gilbert and the other counsel in the case brought the matter to the attention of the supreme court, since the case is pending here, and asked for a writ of prohibition restraining Judge Scott from signing, his order setting aside Judge Powell's order and confirming the sale. On the showing the supreme court issued the writ Wednesday. After setting forth the state of facts outlined above the writ concludes as follows: SCOTT MUST SHOW CAUSE. "Now, therefore, it being our duty in the promises to see that the laws of the state are observed and that citizens are not oppressed, we do command said Cunningham R. Scott, Judge of said district court, to desist and refrain from signing said order, ordered to be prepared by the attorneys for the plaintiff below as aforesaid, or enter of record, and to refrain from any other proceeding whatsoever, in the said action pending in the sald district court of Douglas county, Nebraska, wherein Regina Morrow is plaintiff and William O. Gilbert, as administrator of the estate of Emily B. Hespeler, deceased, is defendant, until the further order of this court thereon, and that on the 3d day of November, 1897, said Cunningham R. Scott show cause to this court why he should not be restrained from any further proceedings in said cause until after the determination of the appeal from said final judgment to this court." This writ was served yesterday by Deputy Sheriff Hill. Judge Scott did not say service was made. Omaha daily bee., October 22, 1897 ____________ A Sisters' Quarrel. The edifying spectacle of two sisters quarrelling in court, with a $10,000 judgment as the bone of hot contention, was brought to a successful termination at 9:30 o'clock this morning in Judge Ambrose's court room by the verdict of the jury being rendered at that hour in favor of the defendant, Mrs. Emily Hespeler. The original contention rose out of a series of quarrels caused by Mrs. Hespeler coming to live in her sister's household. As Mrs. Hespeler was possessed of money. her sister sought this kind of financial balm for her feelings. Lincoln Nebraska State Journal 24 Oct 1894, Wed ·Page 2 ___________ Emily Hespeler appears to have left only $39.50 worth of personal property. At least, that is all the administrator can locate of her effects, although he has brought a replevin suit to recover a valuable trunk of laces, etc., worth some thousands of dollars, it is claimed, which a sister is alleged to have secreted. The balance $39.50 he asks for permission to sell for the benefit of the estate. Omaha World-Herald 03 Mar 1895, Sun Page 8 ___________ The Hespeler Will Again. The Hespeler will case pending in the county court has received another temporary set back, arising from an unfore- seen circumstance. A short time ago a photograph of the will of Emily Hespeler was taken and sent to Gault, Canada, where the witnesses to the will reside, to obtain their depositions as to the truth or falsity of the signatures. The photograph came under the inspection of a Canadian customs official, and probably not knowing that he was obstructing the course of justice, this official has taken possession of the photograph of the will and claims $4 import duties before releasing it. Attorney Britt notified Judge Baxter of the delay, and the money will be sent. Lincoln Nebraska State Journal 23 May 1895, Thu Page 2 __________ The suit against the estate of Emily Hespeler will still go on. Mrs. Hespeler is dead, but her sister, Mrs. Regina Morrow, intends to prove that a judgment for $4,000 obtained last spring by her, while her sister was in good health, should stand. It was awarded by a jury on account of a sisterly quarrel between the two, weapons not less sharp than scissors and axes being used in the household fray, it is claimed. It is Mrs. Morrow's intention to get the supreme court to sustain her first judgment instead of appealing from the second decision, wherein she secured nothing. Lincoln Nebraska State Journal 05 Apr 1895, Fri Page 8 _________________ A TALE OF TWO SISTERS How Regina Morrow and Her Sister Emily Hespeler Became Embroiled. It Is a Painful Narrative Fall of Blows and Axes and Butcher Knives. The Husband of One Woman Had to Had the Other - The Creighton Will and Other Court Matters. The legal battle between two sisters has been the standing attraction in Judge Ambrose's court for several days, and the source of much edification, apparently, to many spectators, judging from the tenacity with which they hold to their seats. Regina Morrow and Emily Hespeler are sisters. Regina is the mother of children, several of whom have taken an active part as witnesses in behalf of their parent, to aid in securing a coveted $10,000 judgment. Mrs. Morrow also has a husband. who works at the Union Pacific shops, Emily is a widow, who came from Missouri in May 1892, to abide in the bosom of her sister's family, continuing in that locality without anything unusual occuring worth a lawsuit until January 31, 1893. According to Regina this was a memorable day in the history of the family. In the neighborhood of Twentieth and Charles the Morrows had their house, a structure which, for $2,450, Mrs. Hespeler was induced to purchase. This seems to have started the ball rolling, as witnesses have testified that Mrs. Hespeler desired to have the house to herself, and so intimated to the daughter of her mother. At any rate Regina declared, so it is claimed, she "would get out when she blamed pleased." From this time on the stories are conflicting. Regina says that Emily grew obstreperous, and to carry her point assaulted her, on her own carpet, with a pair of big scissors, causing a hemorrhage over the region of her left breast. This exhibition was followed by fistie encounters, chasing about the house with a butcher knife, an ax, and other evidences of sisterly affection. Emily denies the allegations in total, and taking the stand as the first witness for the defense detailed the particulars of the indiguities to which she has been subjected, in the first place Emily makes the accusation, although no further testimony was adduced on this point, that Regina was jealous on account of a supposed partiality of her husband for his sister-in-law. So far from being the termagant, that her sister made her out to be, Mrs. Emily H. averred on the stand that she never touched her sister in violence or in wrath, the only times that she did this, in fact, was to ward off the blows of wrath hailed upon her by her loving sister. One instance was mentioned in particular on the birthday of the country, 1893, when Mrs. Hespeler called to see her sister, when she says her veil was torn from her as soon as she got inside the door and almost the whole family jumped on her at pretty much the same time. Mr. Morrow happened to be about and rescued her from certain destruction, whereupon the defendant beat a hasty retreat, only since that time holding converse with her sister across the table in the court house. One trial of this much fought case, both in and out of court, was had last June. Mrs. Morrow succeeded in getting a $4,000 judgment, which was set aside. The case, this bout, is being fought to a finish, with Attorney Strickler on one side and General Cowin on the other. Judge Ambrose was suddenly taken sick in the course of the trial yesterday afternoon and the case was continued for further hearing Monday. Omaha World-Herald 19 Oct 1894, Fri Page 5 _______________ GROWS IN WARMTH. The Quarrel Over Mrs. Hespeler's Possessions Increases in Sisterly Fury. Last evening a warrant was issued for the arrest on the charge of grand larceny of Mrs. Byers, a sister of Mrs. Emily Hespeler, who died recently. It is alleged that during the hours when Mrs. Hespeler was lying on her death bed Mrs. Byers and her married daughter from Chicago attempted to inveigle the dying woman into giving up her rare collection of laces to them, but that in this they were foiled. No sooner had the woman died, however, than Mrs. Byers caused the coveted property to be removed to her residence at Thirty-first and Leavenworth streets. The property in question, the trunkful of laces, is valued at $4,600. It seems that during her lifetime Mrs. Hespeler's one fad was the collection of rare laces. She had beautiful old specimens of Valenciennes laces, delicate as autumn frost; shawis of foreign manufacture valued at $500 each, and designs in silk that would become royalty to wear. The person bringing this serious charge against Mrs. Byers is a young man representing himself as the business manager of the late Mrs. Hespeler. He alleges that for many years services in that capacity for which he has never received remuneration, he now has a claim against the estate of something over $4,000. The remaining heirs, on the other hand, say that this young man lived with Mrs. Hespeler for several years, first in this city, afterward on a farm in Missouri, and again in this city for the last two years, and that during that time, like the lily of the valley, he tolled not, neither did he spin, and for that reason he is rightfully indebted to the estate for his board during that period. The fact that Mrs. Hespeler. a widow, and the young man were living alone in the same house, had caused a coolness to exist between the woman and her sisters for some time previous to her death. A sult for the replevin of the missing trunk was dissolved in Justice Bartlett's court yesterday, and the plaintiff has resorted to a criminal process to recover the property in dispute. Mrs. Byers lives at 1219 North Twentieth street. A new petition has been filed with Judge Baxter asking for administration on the estate which the six heirs estimate at $8,000. The heirs named are Lawrence Broman, a brother, Susan Wallace, a sister, Laura Swartz, a sister, Mary Byers, a sister, and Ena Miller and J. Ford, sisters. Mrs. Mary Byers was arrested by Court Officer Boyle this afternoon and placed in the custody of Police Matron Cumings, pending her arraignment for grand larceny. Mrs. Byers says she can disprove the charge brought against her by Henry Connelly, a former roomer at the house of her sister, Mrs. Emily Hespeler of 1238 North Twentieth street. Mrs. Byers says she can show that her sister before dying directed her to take charge of the trunk in dispute. Mrs. Byers is an elderly woman and possessed of property worth nearly $50,000 in this city. She will fight the case in the courts to the end with the view of not only establishing her own innocence, but for the purpose of showing the interest of the prosecuting witness, Henry Connelly. None of her relatives has taken any action in the case against her. Evening World-Herald 26 Feb 1895, Tue Page 2 _______________ WILL PICTURE IT. Photograph of Mrs. Hespeler's Will to Be Sent to Canada. One of the curious phases of the law, which the advancement and enlightenment of the civilized world makes possible, has transpired in the now well known Hespeler will contest case in the county court. On Saturday last Judge Baxter sat for the purpose of hearing the reading of depositions fil in the case, to establish the validity of the will. The depositions were taken in Canada, and testified as to the authenticity of the will, but there was no evidence as to the genuineness of the signature of Emily B. Hespeler to the will for the reason that the parties whose depositions had been taken in Canada did not have the will there at the time of the taking of the depositions, and therefore could not testify that they were testifying as to the will in controversy, or that the will in controversy was the will signed by Mrs. Hespeler and by themselves as witnesses to her signature. Judge Baxter upon application of the attorneys for the proponents of the will continued the hearing for the purpose of allowing the attorneys time to have the will photographed and the likeness sent to Canada so that the witnesses will have an opportunity of seeing a picture of the signatures to the will and thereby identify them. Judge Baxter, in commenting upon the steps being taken, stated that the courts in nearly all the states have declared that testimony as to the genuineness of a photographed signature is good in law. Omaha World-Herald 07 May 1895, Tue Page 7 ___________ SHE GOT NOTHING. The edifying spectacle of two sisters quarreling in court with a $10,000 judgment as the bone of hot contention, was brought to a successful termination at 9:30 o'clock this morning in Judge Ambrose's court room, by the verdict of the jury being rendered at that hour in favor of the defendant, Mrs. Emily Hespeler. The original contention rose out of a series of quarrels caused by Mrs. Hespeler coming to live in her sister's household. As Mrs. Hespeler was possessed of money, her sister sought this kind of financial balm for her feelings. Evening World-Herald 23 Oct 1894, Tue Page 1 rdrbrdrsrdrw30rsp20 Omaha Brevities. George Hespeler, a step-son of Mrs. Emily Hespeler has asked for the probate of the will. The sisters of Mrs. Hespeler say they will contest the will. Lincoln Nebraska State Journal 23 Mar 1895, Sat Page 5 rdrbrdrsrdrw30rsp20 Her Sister Had Cash. It did not have the appearance of a sisterly affair, but two sisters have been quarreling in the Omaha court, with a $10,000 judgment as the bone of contention. The case was settled Tuesday by rendering a verdict in favor of the defendant Mrs. Emily Hespeler. The original contention rose out of a series of quarrels caused by Mrs. Hespeler coming to live in her sister's household. As Mrs. Hespeler was possessed of money, her sister sought this kind of financial balm for her feelings. The Weekly Standard 26 Oct 1894, Fri ·Page 1 rdrbrdrsrdrw30rsp20 The Mrs. Byers Affair. Omaha, April 22.-To the Editor of the World-Herald: In view of the numerous reports concerning the actions of Mrs. Byers of this city in connection with the decease of her sister, Mrs. Emily Hespeler, a few weeks ago, I deem it no more than justice that I should make a brief statement of the exact facts of the case, prefacing my remarks with the statement that I am the person named in the will left by the late Mrs. Hespeler as the sole legatee of her entire estate. It was the wish, both of myself and the deceased, Mrs. Hespeler, that Mrs. Byers should exercise supervision over all of the effects of the deceased until my arrival, upon which the expectation was that everything would be turned over to me. I wish to state that Mrs. Byers carried out to the letter the instructions and wishes both of myself and Mrs. Hespeler in taking charge of her personal effects and preserving them intact until a proper person had been appointed to whom they could be delivered. Before taking any steps she consulted an attorney and was advised by him to follow the wishes of the deceased, which she did. Her subsequent arrest was simply an outrage and was due to certain persons, being the very ones in fact against whom it was the desire of the deceased that her property be protected. A simple statement of the facts to the police judge was sufficient to secure a dismissal of the case and elicited a statement from him that in his opinion no one was entitled to the possession of this property except Mrs. Byers at the time she took it. GEORGE HESPELER. Evening World-Herald 23 Apr 1895, Tue Page 4 _____________ Judge Keysor was engaged yesterday hearing arguments on law points in the matter of the state of the late Emily B. Hespeler. The case is an appeal from the county court, which allowed a probate of Mrs. Hespeler's will so far as the personal property was concerned, but refused to allow it regarding the real estate, which is situated in Canada. Colonel William B. Hespeler contested the probate of the will regarding the real estate and was successful against the other heirs in the county court. Omaha World-Herald 03 Jan 1896, Fri Page 8 ________ SISTERS SCOLD. One of Them Accused of Unseemly Conduct - Strife Which the Grave Did Not Close. Attorney Gilbert has a family quarrel on his hands. He was appointed special administrator late Saturday evening by Judge Baxter over the estate of Mrs. Emily Hespeler. He was at once informed that several of the sisters of Mrs. Hespeler who live in this city claim that Mrs. Mary Byers, a sister, also, has some of Mrs. Hespeler's possessions, including a supposed valuable trunk of laces and other articles of worth. Members of the family assert that Mrs. Byers, in her eagerness to get hold of mementoes of her dead sister, not only used an express company's services in the night season, but also during the progress of the funeral at 1238 North Twentieth street, last Friday, tried, though ineffectually, to lay in a supply. Mrs. Hespeler was worth about $10,000. She had been sued for $5,000 damages by her sister, Mrs. Regina Morrow. The case, when first tried, resulted in a $4,000 verdict on the score that Mrs. Morrow had been beaten with a pair of shears, a club, etc. The next trial a verdict for nothing was rendered. The case is on its way to the supreme court. Evening World-Herald 25 Feb 1895, Mon Page 1 LAKE, HAMILTON & MAXWELL, Attorneys, 204 Omaha National Bank. NOTICE TO NON-RESIDENT DEFEND ants. In the District Court of Donglas County, Nebraska The Provident Life and Trust Company of Patindelphi, plaintiff, vs. George Hespeler et al., defendants. To the Merchants Bank of Canada and - Hespeler (first real name unknown), wife of the above named George Hespeler, non-resident defendants. You are hereby notified that on the 16th of December, 1897, The Provident Life and Trust Company of Philadelphia, plaintiff herein, filed its petition in the above entitled cause, the District Court of Douglas County, Nebraska, against George Hespeler, ___ Hespeler, his wife (first real name unknown) William O. Gilbert as Administrator with the will annexed of the estate of Emily B. Hespeler, deceased, Regina Morrow, Virgil O.Strickler, Strickler, his wife (first real name unknown), Merchants Bank of Canada, Patrick McQullian and Albert Lutenneger, as defendants, the object and prayer of which is to foreclose a mortgage executed on the 1st day of October, 1894, by the above named Emily B. Hespeler, upon the property described as follows, situated in the County of Douglas and State of Nebraska, to wit: The west seventy-six (w 76) feet in depth of lot numbered twelve (12), in block numbered four (4), in Horbach's Second addition to the City of Omaha, as surveyed, platted and recorded, to secure the payment of a promissory note for the sum of fifteen hundred and no-100 ($1,500.00) dollars, due and payable on the 1st day of October. 1899, the whole amount of said note being now due and payment of able because of default in the payment Interest thereon: that there is now due and payable on said note the sum of fifteen hundred forty-five and no-100 ($1,545.00) dollars, with interest at the rate of ten (10) per cent. per annum from the 1st day of October, 1897, for which sum, with interest and costs, plaintiff prays for a decree that the defendants be required to pay the same, and that in default of such payment said premises may be sold to satisfy the amount found due, and that said defendants, and each of them, may be forever barred and foreclosed of all right, title, lien, equity of redemption or other interest in or to said mortgaged premises. You are required to answer said petition on or before the 18th day of April, 1898. Dated at Omaha, Nebraska, March 11. 1898. THE PROVIDENT LIFE AND TRUST COMPANY OF PHILADELPHIA, Plaintiff. By Lake, Hamilton & Maxwell, its attorneys, The Provident Life & Trust Co. vs. Hespeler. Docket 63, No. 76. ____________ Left Her Sister Out The will of Emily Hespeler has been filed in probate court. Her stepson, George B. Hespeler, is made her heir, not one of her sisters, who have been kicking and quarrelling about the estate, getting a show for a farthing. The estate left is variously estimated, from present knowledge, at some $4,000. This includes a line of fancy laces worth $2,000, in relation to which charges of appropriating them have been preferred against one of the sisters by the Omaha branch of the family. Mrs. Hespeler had a great penchant for gathering costly laces. She mentions them in her will executed in 1881, at a time when she was living in Ontario, the city where she married her husband, a wealthy manufacturer, who established the village of Hespeler. In connection with Mrs. Hespeler's life in that city it is mentioned that she was a poor working girl who came to work in Hespeler's establishment. He was fifty and had two grown sons, but fell in love with his operative and married her. This son who gets the money is reported worth $250,000. Lincoln Nebraska State Journal 17 Mar 1895, Sun Page 2 ___________ HESPELER WILL CASE. Personal Property Admitted, but Canada Real Estate Disallowed. The final struggle on the probate of the will of the late Emily Hespeler took place in the county court yesterday afternoon. It was thought by the attorneys that a compromise could be reached, and that the matter would be dropped in the courts of this county. The county judge some time ago declared conditionally in favor of that part of the will relating to the disposition of the personal property of the deceased in this county and allowed the personal property to Colonel George B. Hespeler, a son of the deceased. But the court refused to admit the part of the will to probate which related to the real estate, as that was situated in Canada. The attorneys were of the opinion that the matter would be compromised by Colonel Hespeler taking the personal property, which amounts to about $4,500, in settlement of his claim, leaving the real estate to be divided among the other heirs. The court entered a formal order yesterday afternoon admitting the will to probate as to the personal property, but disallowing its probate as to the Canada real estate. Omaha World-Herald 05 Jun 1895, Wed Page 8 _____________ FOR A PORTION OF THE ESTATE. One of the Heirs of Emily Hespeler Brings Suit. The first of the suits which were promised upon the filing of the will of the late Emily B. Hespeler about a week ago was commenced today in the district court by the filing of a petition by Mrs. Regina Morrow, a sister of the deceased, asking a be awarded $4,000 out of the estate. As was stated in The Bee at the time the will was filed, that instrument ignored all of the blood relatives of the deceased, and made Colonel George Hespeler, a stepson, the sole heir and administrator of the estate without bonds. The existence of the will up to the morning of its arrival was not even suspected, for a careful search of Mrs. Hespeler's trunks and effects was made by her relatives soon after her death. The will, however, had been deposited in Canada by the deceased before she left her home there, and its appearance was a cause of dismay to the relatives here. No end of suits were talked of, and Mrs. Regina Morrow set the ball rolling this morning. In her petition Mrs. Morram alleges that on January 29, 1894, she commenced a suit for personal damages against Mrs. Hespeler and recovered a verdict of $4,000. Mrs Hespeler's attorney the very next day filed a motion for a new trial, without, however, having notified either Mrs. Morrow or her attorney, and on the day following argued the motion, and assured the court that the opposing attorneys had been notified, but that they did not care to contest the case further. The verdict was set aside. Mrs. Morrow alleges that for a period of one year she believed that the court had set aside the verdict in the exercise of its judicial discretion, but then learned that such action was taken solely by reason of the fraud perpetrated upon the court by Mrs. Hespeler and her attorney. Wherefore, she wants $4,000 worth of Mrs. Hespeler's estate. The Omaha Evening Bee 23 Mar 1895, Sat Page 1 ______________ Emily Hespeler's stock of fine, fancy laces will continue to be a cause of trouble for some time yet to come. W. O. Gilbert, administrator of the estate, asks the court's administrator's permission to make a sale of the stock. It consists of 150 pieces of choice laces, valued nt $3,750. The market value he does not place at over $500. He fears a further depreciation. For a time it was supposed that after Mrs. Hespeler's death her box of laces had been abducted by a member of the family. Lincoln Nebraska State Journal 18 Sep 1895, Wed Page 3 __________ JUDGE SCOTT STOPPED. The following writ of prohibition from the supreme court was served early this morning upon Judge Scott in his controversy with Judges Baker and Powell and Attorney Gilbert over the sale of property in the Hespeler case: "Now, therefore, it being our duty in the premises to see that the laws of the state are observed and that citizens are not oppressed, we do command the said Cunningham R. Scott, judge of said district court, to desist and refrain from signing said order ordered to be pre- pared by the attorneys of the plaintiff below aforesaid, or entering of record, end to refrain from any other proceeding whatsoever in the said action pending in said district court of Douglas county, Nebraska, wherein Regina Morrow is plaintiff and William O. Gilbert, administrator of the estate of Emily B. Hespeler, deceased, defendant, until the further order of this court thereon; and that on the 3d day of November, 1897, said Cunningham R. Scott show cause to this court why he should not be restrained from any further proceedings in said cause, until after the termination of the appeal from said final judgment to this court." In appearing before the supreme court Mr. Gilbert alleged that the reason why the order had not been signed by Judge Scott was that the sheriff could not be secured and that when the sheriff can be procured in the court room a deed for the premises drawn by attorneys for plaintiff to the purchasers at the sale will be presented to the sheriff for his signature, and he be ordered to sign it then and there, all as Gilbert believes, for the purpose of preventing him from perfecting his appeal to the supreme court in time to protect his rights. Judge Scott said today that he believed the supreme court had been imposed upon. Lincoln Nebraska State Journal 22 Oct 1897, Fri Page 5 __________ MORROW VS. HESPLER, The Case Fids fair to Rival lowa's Famous Calf Law Suit. In an interview with a World-Herald reporter V. O. Strickler, one of the attorney for Mrs. Morrow in the somewhat celebrated case of Marrow against Hespeler, said: "This case has recently come into public notice because of the disagreement between at least two of the judges over the question of who had the right to hear the case. It seems that this suit was tried originally before Judge Ambrose; after he went off the bench it was necessary that it should be heard before some other judge. The case had been on jury docket 3, which docket was then in charge of Judge Dickinson, but having been tried it was not upon either of the trial dockets. The plaintiff desired some further proceedings in the district court, and Judge Dickinson being unable to hear the matter, it was transferred to Judge Scott. "The record shows that the matter went before Judge Scott by consent of all parties in May, 1896. From that day down to June 26, 1897, he heard all matters in connection with the case with- out objection from either side. On the last mentioned day he entered a judgment in the case adverse to the defendant, and from that day the defendant began to object to his right to hear the case. In July of this year an execution was issued upon the judgment rendered in favor of plaintiff, and although Judge Scott was in the city, Defendant Gilbert went before Judge Baker during the vacation of the court and obtained from Judge Baker an order recallling the execution and directing that no other execution be issued on the judgment until after the case was decided on appeal, although no appeal had been taken. Judge Baker was in charge of the criminal branch of the court, and had never had anything to do with this case. "A mandamus suit was brought to compel issuance of another execution, and after a hearing participated in by both sides, it was adjudged that another execution should be issued, which was done, and the sheriff proceeded to advertise and sell the property. The sale was advertised to take place on the 5th of October. "On the 27th of September Administrator Gilbert went before Judge Baker and obtained a restraining order restraining the sheriff from proceeding under the execution. This restraining order was made returnable before Judge Keysor, who, when the matter was brought to his attention, refused to hear It, and stated that he would send it to Judge Scott, because Judge Scott was the judge who had heard the case, and was the only one who could properly determine the matter. Administrator Gilbert thereupon dismissed the injunction suit. On the evening before the sale was to take place Mr. Gilbert again went before Judge Baker and obtained another order from him directing the sheriff to return the execution. The plaintiff then applied to the court for a mandamus to compel the sheriff to go on with the sale, and a peremptory writ was issued on the 4th of October directing the sheriff so to do. On the morning of the 5th, and shortly before the sale was advertised to take place, Judge Baker sent for the coroner and caused him to arrest the sheriff and every deputy who could be found and bring them into his court room upon charges of contempt, and before he would release the deputy who had possession of the execution required him to deliver the same up to the court. Upon learning of this fact Judge Scott entered an order vacating the order made by Judge Baker, and ordered the sheriff to proceed with the sale, which was done and the property sold. The defendant, Gilbert, then tried to get the confirmation proceedings before Judge Powell, and served notice upon the plaintiff to appear in Judge Fowell's court room on October 9, at which time Judge Powell refused to have anything to do with the case or make any order in it, and stated from the bench that the whole matter was before Judge Scott. and that so far as he was concerned the case was closed. Immediately there- after Judge Scott made an order continuing the hearing upon the confirmation of the sale to Saturday, October 16, before himself. Afterward the administrator, Gilbert, served another notice that he would call up the confirmation before Judge Powell on the 13th, but as the whole matter had been continued to the 16th, before Judge Scott, and as Judge Powell said that he would not hear the matter at all, the plaintiffs paid no attention to the notice. On the 15th it seems that the defendant obtained an order from Judge Powell setting aside the sale. On the 16th, when the matter was regularly reached before his honor, Judge Scott, there was a trial of the whole question, at which defendant was present and participated, and evidence was taken." The matter is now before the supreme court, and will doubtless be disposed of very speedily. Evening World-Herald 26 Oct 1897, Tue Page 8 ________ THE GENERAL APOLOGIZED. County Judge Baxter heard arguments of counsel in the Hespeler will contest. During the argument a slight ripple of excitement was caused by a diagreement of the attorneys. Attorney Cowin made a statement regarding Attorney Gilbert, who is special administrator of the estate, to the effect that Gilbert had made an agreement with Ben Baker and V. O. Strickler by which the rights of Cowin's client in the case would be lost. Baker immediately demanded an apology, which Cowin at once gave so far as his statement reflected on Baker. Evening World-Herald 20 Apr 1895, Sat Page 1 _____________

  
  

• Sources

  [S141] Census - ON, Waterloo, Woolwich - 1851, Div 1 Pg 8. [S298] Census - Canada - 1881, Ontario, Waterloo South, Hespeler Village. Emilie Hespeler, 33, b. Ontario, widow Elizabeth Forest, 20 b. Ontario - servant [S3231] Find A Grave. Daughter of Ignatius Brohman of Woolwich, Waterloo, Ontario, Canada. According to her burial card she died February 19, 1895, age 47 years, and was buried February 23 [S3247] Vit - Nebraska - Index to Douglas County Death Register, pg 155 entry 7. Emilty Hespeler, age 47, nativity Germany, Cause: Cerebro Spinal Meningitis, Died, 2/19/1895, buried Holy Sepulchre, * Hespeler Crossed Out. [S9] News - ON, Waterloo, Kitchener - Canada Museum und Allgemeine Zeitung (1835-1840), 29 Sep 1836:49. In New Germany, Waterloo Tp, the Rom. Cath. priest Johann Ludwig Wiriath, m. Ignatius Brohmann to Matilda Goetz, both of Old Germany.

  
  

• Event Map

  Born - 1847 - Woolwich Twp., Waterloo Region, Ontario, Canada Residence - 1881 - Hespeler (Cambridge), Waterloo Region, Ontario, Canada Died - 19 Feb 1895 - Omaha, Douglas, Nebraska, USA Buried - - Holy Sepulchre Cemetery, Omaha, Douglas, Nebraska, United States  = Link to Google Earth