The 1827 Trial

The trial was held in a new courthouse built in 1824. It was a long brick building with a Doric temple front consisting of four pillars, and was surmounted with a circular cupola or belfry. It was a one story building in the interior; the county offices being in the front part and the court room in the rear of the offices. Built in 1824, it served the County until the present court house was built in 1867.​ There are no known sketches or photographs of either the 1814-24 or the 1824-67 buildings.

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COURT BAILIFF:  Hear ye, hear ye, hear ye! All manner of persons, that have any business to do at this Circuit Court of Common Pleas, held in and for the County of Crawford of the Commonwealth of Pennsylvania, let them draw near and give their attendance and they shall be heard. All rise for the Honorable Judge Henry Shippen.

JUDGE SHIPPEN:  Good morning everyone. We have before us a case brought by Lot Parent Dunham and his wife, Catherine Mead Dunham vs. James Finney. Will the counsel for the plaintiffs step forward and state their case.

D. DERICKSON:   Yes, your honor, I am David Derickson, the counsel for the plaintiffs. It seems to me that the outcome of this case is dependent upon the court deciding that the Robert Finney 1824 will is to be accepted as the final will and testament of the deceased. You will likely find the argument of the defendant, James Finney, who is the son of the deceased Robert, to be that Robert Finney was mentally incapable of approving and signing the will. Their counsel may even allege that the whole process was unfairly orchestrated. The plaintiffs will call forth witnesses who will put to rest such claims and convince the court that the will was correct and appropriate. With that, I yield to the plaintiff's counsel to present his case.

JUDGE SHIPPEN:  Mr. Alden, do you wish to make an opening statement?

FOX ALDEN:      May it please the court, I am Fox Alden, the counsel for the defendant, James Finney. Mr. Derickson is correct in some of his opening statements. Our side does agree with his premise that the central issue of the case is the authenticity of the alleged last will and testament of Robert Finney, signed by him in 1824. It is our goal to demonstrate during this trial that the 1824 will was indeed fraudulent and the product of family intrigue. The defendant, James Finney, who lived on the Finney plantation since he was a young boy, recently returned from a necessary leave of absence and found on his return that he had been dropped from the original will of his father written and signed by Robert Finney in 1820 and by a new will was no longer welcome or had any rights to the land on which he grew up and raised his own family.

JUDGE SHIPPEN:  Mr. Derickson, you may call your first witness to the witness stand.

D. DERICKSON:   Your honor, I call Dr. Daniel Bemus to the stand. Dr. Bemus please start with telling court the relationship you have had over the years with both the Finney and Mead families.

DANIEL BEMUS:   I came to Meadville in 1810 to take on the medical practice of Thomas Kennedy, who was one of the first physicians to practice in Crawford County. The Mead and Finney families were well established at that time, being of the first settlers of the area in the early 1790s. I have had an office on the corner of Walnut and Water Street for many years and have been the doctor of almost every family in town. I attended General Mead in his untimely death in 1816 and James Finney's wife, Jane, in her tragic death from the complications of childbirth in 1820.

D. DERICKSON:   Were you friends with either party during that time?

DANIEL BEMUS:   I can't say that we were friends. I don't recall ever meeting with either family socially. I do feel that there was mutual respect between both families and me, however.

D. DERICKSON:   You were, were you not, named an executor in the 1824 Robert Finney will? Please tell the court how that came about.

DANIEL BEMUS:   Sometime that year, Robert Mead saw me on the street and asked that I come by his office at the Mead Mill to talk some business. When we met, he asked if I were willing to serve as an executor along with him and his sister, Catherine. I said that I would come by and chat with Robert Finney to see what his wishes were. When I visited him the next day, he seemed agreeable to my serving the family in this way. Out of a deep respect for him, I agreed to do so.

D. DERICKSON:   At the signing of the will, how would you characterize Robert Finney's capacity to understand what was happening?

DANIEL BEMUS:   He was frail and in poor health. He could be forgetful in conversation at times and could drift off at other times. But when focused on any important issue, he seemed able to attend with full comprehension for short periods of time.

D. DERICKSON:   Did you see any improprieties in the will as drafted?

DANIEL BEMUS:   Well, of course, there was the question of James Finney being excluded from the will. I did wonder about that issue at the time, but took the word of the Meads that they had not heard from him in years and presumed him dead.

D. DERICKSON:   Last summer, you withdrew your name as one of the executors of the 1824 Finney will. Please tell the court the reasons for this.

DANIEL BEMUS:   I realized that my current role as administrator for the David Mead estate would become too complicated if I were also an executor of the Robert Finney estate as well. In retrospect, I do now believe that it was a poor decision on my part to accept the Finney executorship back in 1824.

D. DERICKSON:   Thank you, Dr. Bemus for your cooperation. I have no further questions of this witness.

JUDGE SHIPPEN:  Mr. Alden, you may now cross examine the witness.

FOX ALDEN:      Dr. Bemus, I will go directly to the means that you used to determine Robert Finney's state of mind at the time of the signing of the 1824 will. What questions did you ask of him?

DANIEL BEMUS:   I asked the usual questions: What is your name, where do you live, who are your children and so forth.

FOX ALDEN:      And what do you remember as to his answers to these questions?

DANIEL BEMUS:   I do seem to remember that he had difficulty stating what day it was, but this is not uncommon for those persons who are confined for long periods in the home. He did know his name and knew that he lived with his grandchildren in the old Mead home on Randolph. He did have some trouble remembering the names of grandchildren on the James Finney side of the family, but I believed that may have been due to their not being available to him over the years prior.

FOX ALDEN:      Did you ask him the traditional question of "Are you aware of the natural objects of your bounty?"

DANIEL BEMUS:   I am not familiar with this phrase. Please enlighten me.

FOX ALDEN:      This is a question to test his ability to identify his real and personal property.

DANIEL BEMUS:   No, I don't believe that I asked him about that.

FOX ALDEN:      Let me ask the question another way. Did you ask him "Do you know the extent of your property?"

DANIEL BEMUS:   I think that I would, but have no specific memory of doing so.

FOX ALDEN:      In addition to the new will in 1824, Robert Finney also signed a document granting his grandson, Robert Mead, power of attorney in regard to selling parcels of Robert Finney's land. Did you assess his capacity for understanding the importance and scope of this legal step?

DANIEL BEMUS:   No, I don't remember doing so.

FOX ALDEN:      Dr. Bemus, do you know who wrote the 1824 Robert Finney will document?

DANIEL BEMUS:   I do know that it was produced by Robert Mead.

FOX ALDEN:      Do you know who other than Robert Mead may have had a hand in composing this will? Could other Mead family members, such as Darius or William Mead have been instrumental in its writing?

D. DERICKSON:   Objection, your honor. The attorney for the defendant is asking for something that the witness has no direct knowledge of. He is asking for speculation on the part of the witness.

JUDGE SHIPPEN:  The objection is sustained.

FOX ALDEN:      Dr. Bemus, did you attend to Robert Finney in his last year of life? If yes, what was his physical and mental condition during this time?

DANIEL BEMUS:   He was in a steep decline in his last year. He was extremely frail and confined to his bed throughout and was in full dementia. The Meads, particularly Catherine Mead, are to be commended in their care of him.

FOX ALDEN:      Thank you, Dr. Bemus. (To the judge) I wish to reserve the right to recall this witness to the stand at a later time in the hearing.

JUDGE SHIPPEN:  Yes, you may. And you may now call your first witness.

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JOHN REYNOLDS IS CALLED TO THE WITNESS STAND.

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FOX ALDEN:      Thank you, your honor. I wish to call John Reynolds, Esq. to the stand. Mr. Reynolds, thank you for coming today. Please start your testimony by describing your relationship with the Mead and Finney families.

JOHN REYNOLDS:  I came to live in Meadville in 1805. The population of the town was about 200 at the time, so one got to know almost everyone in the town in less than a year. Throughout my life I have tried to involve myself in the community life through public service. In this way, I got to know the plaintiff's father, General Mead, quite well, as he was active in every way in the political and economic life of our town and county. He, of course, seemed to know everybody and everything about the town. Robert Finney, I knew less well, but was well acquainted with him and his family early on.

FOX ALDEN:      Were you ever on a friendship basis with either family?

JOHN REYNOLDS:  I would see General Mead often at public functions and civic meetings, but I was not considered a friend of his or of anyone in his family. The same could be said for my relationship with the Finney family.

FOX ALDEN:      As you can well guess, the complexity of this case is very much influenced by the history of the financial dealings of General Mead and the impact that this has had on his family up until this day. As you have had extensive business and real estate dealings in Meadville over the last 20 years, you are in a position to enlighten the court about all of this.

D. DERICKSON:   Your honor, I object. I don't see how what happened twenty years ago can have any bearing on the disposition of the last will and testament of a person who died only six months ago.

FOX ALDEN:      It is my intention to show the relevancy of all of this through the testimony of Mr. Reynolds.

JUDGE SHIPPEN:  The court will indulge the defense in this claim of potential relevancy. The motion is overruled.

FOX ALDEN:      Please proceed with your answer to the question.

JOHN REYNOLDS:  It is undeniable that General Mead was an important contributor to the early progress of our community. He was one of the first judges of this court, a position that he held until his death in 1816. He held many public offices and was an early and effective promoter of many civic improvements. However, he was also a person with big plans for personal achievement in business. At the time of his death, he had acquired large tracts of land throughout this county and into several other surrounding counties. He did this by going into debt over many years. When his brother-in-law, William Wilson died in 1797, it was found that the General owed him about $1,000 in unpaid debts at Wilson's store in Franklin. Ten years later, the General unwisely entered into a business deal with another brother-in-law, Thomas Wilson, in which both persons entered into debt to a group of Pittsburgh businessmen. The amount this time was much larger than the debt to William Wilson's estate. The amount this time was well over $6,000. The only way to pay for this was to sell some of his land holdings, but no one was buying. One of the General's debts from that time was to the Northwest Bank of Pennsylvania, this time for $600. This amount has never been paid and the Bank has been trying to collect this amount from the Mead family now for almost ten years.

FOX ALDEN:      Let it be admitted into the record that this is the debt that is mentioned in the 1824 Finney will. Mr. Reynolds, you are in a special position to vouch for this last mentioned debt, the debt for $600, are you not?

JOHN REYNOLDS:  Yes, I am. I have served on the board of directors for the Bank since its founding in 1814.

FOX ALDEN:      Mr. Reynolds, to your knowledge has the General David Mead estate been settled along with some of the extensive debts mentioned by you earlier.

JOHN REYNOLDS:  I believe that many of the debts have not yet been paid from the sale of the extensive land holdings of the General. You would have to talk with Dr. Daniel Bemus, who is the administrator of the David Mead estate to obtain any details about this.

FOX ALDEN:      Thank you, Mr. Reynolds. I have no further questions.

JUDGE SHIPPEN:  Mr. Derickson, do you have any questions of this witness.

D. DERICKSON:   No, your honor, I do not.

JUDGE SHIPPEN:  You may now call your next witness.

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THOMAS FREW IS CALLED TO THE WITNESS STAND.

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D. DERICKSON:   I call Mr. Thomas Frew to the witness stand. Mr. Frew, will you state your relationship to both the Mead and Finney families.

THOMAS FREW:    I have lived in Mead Township since 1800 and have owned land bordering on the Finney and Mead land holdings since. As neighbors, the Meads and Finneys were well known to me.

D. DERICKSON:   Would you call yourself a friend to members of either family?

THOMAS FREW:    I would call myself a good neighbor to both families. At times I would assist them in their efforts to build or solve land issues as I believe a good neighbor should. They also returned the favor many times through their assistance to me. My family and I attended the funerals of both General Mead and his wife, Jennett, as did many people of the community. We also attended the funeral of Robert Finney earlier this year.

D. DERICKSON:   Mr. Frew, in your deposition given in the Register's Court last July, you stated that Dr. Bemus, Simeon Dunham and you were the only persons present at the signing of Robert Finney's will. Is that correct?

THOMAS FREW:    Yes, that is correct.

D. DERICKSON:   How would you describe Robert Finney's health and mental state at that time?

THOMAS FREW:    I had not seen Robert Finney for about one year or more and was surprised how his health had declined since then. He could get up out of bed with some assistance, but his family reported that he seemed to prefer staying abed most of the day. As I told the court in July, he did seem to understand the business at hand, but only if those around him kept him focused.

D. DERICKSON:   Thank you, Mr. Frew. I have no further questions.

JUDGE SHIPPEN:  Mr. Alden, you may conduct your cross-examination of this witness.

FOX ALDEN:      Mr. Frew, please state how you came to be selected by the Mead family to witness the signing of the Robert Finney will.

THOMAS FREW:    I happened to be in the neighborhood at the time assessing some property nearby. I was approached by Robert Mead with the request to step inside the Mead home and witness the signing of the will.

FOX ALDEN:      Were you surprised to be asked to do this?

THOMAS FREW:    No, I can't say that I was. It seemed to me to be a simple request. I had no idea at the time that it would be contested in the way it has.

FOX ALDEN:      Mr. Frew, in your July deposition, you stated that Robert Finney "seemed childish at times." Please say more about what you saw and heard in this regard.

THOMAS FREW:    My recollection was that he had to be held to the subject by repeated questions or comments directed to him. If this were not done on a constant basis, he would kind of drift off and begin mumbling to himself. He would also at times if left alone, speak childish gibberish.

FOX ALDEN:      Do you feel that Robert Finney was being overly persuaded by the Meads or by Dr. Bemis to agree to the draft of the will?

D. DERICKSON:   Objection. It has already been established that the Meads were not present at the signing. Also, counsel in leading the witness with his question.

JUDGE SHIPPEN:  Motion sustained. Mr. Alden, you must surely know that leading the witness is not allowed.

FOX ALDEN:      Mr. Frew, as you probably know, a major question in this court case is whether or not Robert Finney was capable of understanding the will put before him in 1824. I now ask you to say to the court what your mind is on this question.

THOMAS FREW:    As I said in my July deposition, I can't say for certain whether he had discretion of mind enough to judge of and understand it. It might be that he can't.

FOX ALDEN:      Thank you Mr. Frew. I have no further questions of this witness.

JUDGE SHIPPEN:  Mr. Alden, you may call your next witness.

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JAMES DOUGHTY IS CALLED TO THE WITNESS STAND.

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FOX ALDEN:      If the court please, I call James Doughty to the witness stand. Mr. Doughty, please describe for the court your relationship with the Meads and Finneys.

JAMES DOUGHTY:  I have known both families since before 1800, as both were neighbors. My relationship with the Finney family was on a friendship basis for many years. I also have been the legal guardian of James Finney's son, Joe, since James left town in 1820.

FOX ALDEN:      Had you much contact with the deceased Robert Finney in his last years?

JAMES DOUGHTY:  I did visit him in 1824 sometime around the time of the will signing.

FOX ALDEN:      Please tell the court your impressions of his mental and physical health at the time.

JAMES DOUGHTY:  He was unable to carry on any kind of conversation with me. He was bedridden and mute. I was sorry to see him in this condition, as he had been a vigorous and robust person earlier in life.

FOX ALDEN:      Do you feel that Robert Finney was in any way capable of understanding the draft of the 1824 will?

JAMES DOUGHTY:  I do not believe that he was capable of understanding what was being asked of him based on his condition during my visit at that time in 1824.

FOX ALDEN:      Thank you, Mr. Doughty. I have no further questions.

JUDGE SHIPPEN:  Mr. Derickson, do you have any questions for this witness?

D. DERICKSON:   Yes, your honor. Mr. Doughty, Have you had any disagreements with the Mead family which would lead you to have any animosity for the family.

JAMES DOUGHTY:  I have had minor disagreements with both General Mead and with his son, Robert, at times, but do not feel animosity for either person.

D. DERICKSON:   Please relate to the court an example of one of the more serious of the disagreements with the Mead family.

JAMES DOUGHTY:  I have found the General to be quite aggressive at times in regard to property line disputes. As everyone knows, these kind of disputes are common between neighbors and are often settled through negotiation and compromise. The General and I had one such dispute that went on for several months, but was finally settled through another neighbor who served as a mediator.

D. DERICKSON:   And in regard to Robert Mead.

JAMES DOUGHTY:  Again, the most serious conflict was in property line disputes. I found Mr. Mead to be much like his father in his demeanor. That is, I found him to be quite aggressive and at times, quite arrogant and demanding. I do not feel, however, that I carry any grudges against anyone in the Mead family because of these relatively minor disputes.

D. DERICKSON:   Mr. Doughty, you say that you visited Robert Finney in 1824. Do you remember what time of year that would be?

JAMES DOUGHTY:  I believe that it was sometime mid-summer.

D. DERICKSON:   Could it be that Robert Finney's health took a considerable turn for the worse between then and the time of the signing of the will in April.

JAMES DOUGHTY:  Yes, I suppose it could.

D. DERICKSON:   Mr. Doughty, what do you know of the reasons for James Finney's long absence from 1820 to the present?

FOX ALDEN:      Objection, your honor. This information is best received from James Finney, himself. I plan to ask for testimony from Mr. Finney later in this trial.

JUDGE SHIPPEN:  I will sustain the objection.

D. DERICKSON:   I have no further questions of this witness.

JUDGE SHIPPEN:  Mr. Derickson, you may call your next witness.

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SIMEON DUNHAM IS CALLED TO THE WITNESS STAND.

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D. DERICKSON:   I call Simeon Dunham to the witness stand. Mr. Dunham please tell the court of your relationship with the Finney and Mead families over the years you have known them.

SIMEON DUNHAM:  I have only known the Finney family in passing as acquaintances. Various members of our family have had friendships with many on the Mead family. The Mead and Dunham families met socially over the years at weddings, holiday festivities and the sort. During that time the younger children would play together. I have known the Mead children in that way over the years.

D. DERICKSON:   Please give the court an account of your impressions of Robert Finney at the time of the signing of the 1824 will.

SIMEON DUNHAM:  As I said in my testimony in the Register's Court in July, his mind had become increasingly more frail over the last seven years.  In later years he did appear to fail in long conversations, but I thought it was from forgetfulness, I do not recollect that his will was read to him before he acknowledged it was his signature. I thought he was capable of making a will at that time, and since that,  he spoke to me on the subject of his intentions of disposing of his property and appeared capable. He told me his calculations, that a debt be paid to the Northwest Bank and the rest divided between James Finney's children and Mrs. Mead's children. He supposed at the time James Finney was deceased.

D. DERICKSON:   Thank you Mr. Dunham. I have no further questions.

JUDGE SHIPPEN:  Mr. Alden, you may cross examine the witness.

FOX ALDEN:      Mr. Dunham, is it not true that your brother Lot Parent Dunham is married to the plaintiff, Catherine 'nee Mead.

SIMEON DUNHAM:  Yes, that is true.

FOX ALDEN:      Please tell the court the date of the marriage, if you know.

SIMEON DUNHAM:  October 27, 1825.

FOX ALDEN:     I wish to point out to the court that with Dr. Bemus gone from the executors of the Robert Finney will, three of the four remaining principals are members of the Mead-Dunham families. The only principal not a member of this family is the witness to the signing, Thomas Frew. How can Robert Finney's estate be fairly administered with such a lop-sided representation of one family to the exclusion of the rest of the Finney family? I have no further questions of this witness.

JUDGE SHIPPEN:  Mr. Alden, you may call your next witness.

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JAMES HAMILTON IS CALLED TO THE WITNESS STAND.

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FOX ALDEN:      Thank you, your honor. I call James Hamilton, Esq. as my next witness. Mr. Hamilton, please describe your relationship with the Mead and Finney families.

JAMES HAMILTON: Of course, I have known General Mead and his wife, Jennet since I came to Meadville in 1808. Everyone knew them. I can't say that I met socially with the Mead family, but saw them often at civic festivities and functions. We were on speaking terms, you could say. I have been acquainted with Robert Finney since 1798. Since 1808 I have lived in town and he lived about two miles from town. I have not been much in his company since he moved to his daughter's home. I think I saw him but once since. He was unwell and I had not much conversation with him. I have always thought well of him; he was a fine person. I was saddened by his physical and mental decline in his last years.

FOX ALDEN:      Please give the court your opinion of Robert Finney's mental capacity at the time of the April, 1824 will signing.

JAMES HAMILTON: Even before he moved to his daughter's home around 1820, I thought his mind had grown weaker. In his last year of life, he had failed in his mental faculties. As I stated in my deposition in the July Register's Court, I suppose he could make a disposition of his property, but I could not suppose he would make a judicious one.

FOX ALDEN:      Thank you, Mr. Hamilton. I have no further questions.

JUDGE SHIPPEN:  Mr. Derickson, do you have any questions of this witness?

D. DERICKSON:   No, your honor.

JUDGE SHIPPEN:  You may now call your next witness.

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ROBERT MEAD IS CALLED TO THE WITNESS STAND.

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D. DERICKSON:   Your honor, I wish to call Robert Mead to the witness stand. Mr. Mead, please tell the court about your relationship with your grandfather, Robert Finney.

ROBERT MEAD:    My father's father died in an Indian attack in 1791 and his wife, Ruth, died in 1794, so Robert Finney was the only grandparent I knew. He and my mother were very close and we got to see a lot of him from a very young age. I have always been very fond of him, especially when my own father died in 1816. I was 16 years of age at the time of my father's death. My grandfather Finney stepped in and took his place in my heart.

D. DERICKSON:   What were the circumstances that led to Robert Finney living in the Mead household in 1820?

ROBERT MEAD:    He was in declining health and could no longer be cared for by his son, James Finney, who had only very recently lost his wife, Jane, in childbirth. My mother agreed to take him in and he lived with us since that time.

D. DERICKSON:   What was Robert Finney's mental health at that time in 1820?

ROBERT MEAD:    His mind was as good as it ever was at that time. It was his physical health that was the family concern. He was moving slowly and had trouble walking any distance. He got tired out easily and was unsteady on his feet.

D. DERICKSON:   How would you describe your relationship with the defendant, James Finney?

ROBERT MEAD:    We would often see each other at family events and I would say we have always gotten along on a friendly basis. Even though he faced difficult times when his wife died and his father's health took a turn for the worse, I did not agree with his decision to farm out his children to other family members and to leave town as he did. I felt especially frustrated when he did not write his family throughout his time away. I have felt offended by his charge of wrongdoing on our part in trying to manage Robert Finney's financial affairs.

D. DERICKSON:   Please say more about the management of Robert Finney's financial affairs.

ROBERT MEAD:    Since James Finney walked away from everything here in Meadville six years ago, my family has had to manage the Finney Rocky Spring property and attempt to raise money to pay for property taxes through leasing parcels to various tenants. Our family has also had to carry the burden of medical expenses incurred in the care of my grandfather. With the accidental death of my mother in 1823, the burden of his care became much more difficult.

D. DERICKSON:   Mr. Mead, please tell the court the circumstances that led to the drafting of the second will and power of attorney for Robert Finney in 1824.

ROBERT MEAD:    We had considerable trouble for several years getting reliable tenants to live and farm on the Rocky Spring property and fell behind by a considerable amount on the property taxes. As these debts mounted, we were worried about a possible action against us by the County and decided that the only way to avoid this would be to sell smaller portions of the property. This could not be done without my grandfather naming someone as his power of attorney.

D. DERICKSON:   What is your opinion on the mental faculties of your grandfather at the time of the signing of the second will in 1824?

ROBERT MEAD:    My grandfather was always sharp as a tack intellectually. He was well educated in his youth in New London, Pennsylvania. I believe that he also received training to be an attorney, but I don't think he ever practiced law. He was a fine man who also fought in the Revolutionary War. In 1824, his health was in decline, but I feel that he was still sharp in intellect.

D. DERICKSON:   Thank you, Mr. Mead. I have no further questions.

JUDGE SHIPPEN:  You may now cross examine this witness, Mr. Alden.

FOX ALDEN:      Mr. Mead, you have heard Mr. John Reynolds describe his understanding of the financial difficulties of your father before his death and the complications of the Mead family finances since. Do you concur with his summary earlier today in this court?

ROBERT MEAD:    Most of what Mr. Reynolds talked about happened when I was a mere boy, so I have to take his word for his account. I can speak to the complexities of the Mead family finances at present, however. My mother who lived seven years beyond my father, was a strong woman who took care of the family business before her death in 1823. At the time of her death, I was 23 years old and had all of the cares of the family and finances thrust upon me in the blink of an eye. As you may know, her death was totally unexpected. She died from severe burns received in a kitchen fire in our home. I am thankful that Dr. Bemus was named by the court to take over the administration of the estate of my father at that time. The affairs of this administration would have been too much for me to comprehend, much less manage. However, I was old enough to step in and manage the business affairs of the Mead Mill and Distillery and to care for the needs of my brother and sisters. There were also the demands of caring for the 60 acres of land next to our home that was owned by our family. Needless to say, we struggled financially as the Mill was not doing well and there were the financial problems presented by the care of my grandfather and his property.

FOX ALDEN:      At the time of the signing of the 1824 will and power of attorney document, how would you describe the Mead family finances?

ROBERT MEAD:    As I stated earlier, the biggest problem was the mounting debt of the unpaid taxes on my grandfather's property. The Mead family was getting increasing pressure from the Northwest Bank for a payment of the long-standing loan of $600. It was my grandfather's sincere wish to assume this debt, but only had land to offer. Under the old 1820 will, we could not sell any part of his property without consent from all parties, including James Finney, who we had not heard from in several years and did not even know of his whereabouts.

FOX ALDEN:      Last month, I requested from you an accounting of the finances of the Rocky Spring tract over the last seven years. You did provide me with this account, which I now wish to enter as evidence in this trial. Your honor, please accept this evidence into the court record. A copy is provided for the plaintiff's attorney.

JUDGE ALDEN:    The court will accept this accounting as exhibit A and Mr. Derickson is given his copy.

FOX ALDEN:      As the court can see, the accounting is quite simple and takes up only a small amount of a single sheet of paper. Mr. Mead, was this report prepared by a certified accountant? And if not, why not?

ROBERT MEAD:    It did not occur to me to have any of this reviewed by an accountant during the seven-year period. It was only upon your request last month that I considered doing anything like this and then it was too late.

FOX ALDEN:      Your accounting shows a total revenue of $200 in lease income and taxes from 1820 to today as being $345. It also states that none of the taxes have been paid throughout that time. How do you account for the use of the $200 revenue, if it were not used for the taxes?

ROBERT MEAD;:   My grandfather has had considerable medical expenses over that time. The funds were used to pay for that.

FOX ALDEN:      We now move on to another matter of concern. As you know, the basis for your suit against the defendant, James Finney, is that he somehow "deceived" you during a visit to Meadville in the summer of 1824. Did you inform him at that time of the existence of a second will drawn up and signed earlier that year?

ROBERT MEAD:    No, I don't believe I did.

FOX ALDEN:      Please tell the court why you neglected to extend this simple courtesy to your uncle, James Finney.

ROBERT MEAD:    I felt that it was the responsibility of the court to do so. Besides, why should I go out of my way to do something for him when it was very clear to me that he had little concern for either me or his own family.

FOX ALDEN:      But Mr. Mead, your suit against Robert Finney is based on your claim of his "deceit" in his dealings with you, when your own deceit in withholding essential information from another family member is quite obvious. Let us now move on to another important matter. Dr. Bemus testified that he understood that you were the one who produced the will for your grandfather to sign. If this is the case, how was the draft produced and who assisted you in the drafting?

ROBERT MEAD:    I consulted with my cousin, William Mead, in rewriting the first will.

FOX ALDEN:      Are either you or your cousin William, trained as attorneys? If not, why did you not consult an attorney in this matter?

ROBERT MEAD:    No, we are not attorneys. At the time, we felt that the rewriting was a simple enough matter to do it ourselves.

FOX ALDEN:      Could it be that you and he felt that an independent attorney would have tried to dissuade you from your plan to write your uncle out of the will?

ROBERT MEAD:    Of course, not.

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JAMES FINNEY IS CALLED TO THE WITNESS STAND.

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FOX ALDEN:      Your honor, I have no further questions of this witness and wish now to call my next witness, James Finney. Mr. Finney, please explain to the court the reasons for your absence from Meadville from 1820 to the present year.

JAMES FINNEY:   My wife died in childbirth early in 1820 and my father, Robert Finney was in poor health. I could not care for my children and make a living at the same time. My wife's uncle, Thomas Wilson, and his family offered to take in my four oldest children. They ranged in age from my son, James, who was nine years old to my oldest daughter, Sally, who was 16 years old. James Doughty offered to take in my youngest child, Joe, who was eight years old. I was utterly grief stricken at the time and could only think of finding work that could pay enough to be worthwhile. I then thought of work on the Erie Canal. There had been leaflets that came to Meadville advertising good paying jobs. At the time I thought that I could make enough to restart my life and even find a wife who could care for me and my children. I do not claim at this time to have made the right decisions then and I know that I have to live with any harm that I may have done to my children. If I had it to do over again, I am sure I would have done it much differently. I did make a little money by my six years working on the canal in New York state, but not anything like what I planned. And no surprise to anyone, I did not meet a woman that I could consider making my wife. I plan now to return to farming and want more than anything to be a good father to my children.

FOX ALDEN:      Did you write to your family during your absence?

JAMES FINNEY:   I did write several times to my father, but did not receive a reply. I am ashamed to say that I did not write to my children. I have no excuse for that; I will always regret not doing so.

FOX ALDEN:      Mr. Finney, what was the purpose of your visit to Meadville in 1824?

JAMES FINNEY:   I had heard from my friend, James Doughty, that there was talk in town of the possibility of the Meads selling part or all of the Rocky Spring property. I also thought of visiting my children. After visiting my father and having conversations with Robert and Catherine Mead, I proposed a document in which I would have some assurance that the property would not be sold without my knowledge. I was able to see my son, Joe, but did not have enough time to visit my children who were living with the Thomas Wilson family in Erie.

FOX ALDEN:      Please tell the court what happened to the document that was signed by you and the Meads.

JAMES FINNEY:   I did have every intention of filing the document with the court as I promised the Meads, but I ran out of time and was unable to do so. The document was lost a year later in a flash flood that took out our work encampment in New York state. Ten men were drowned in that flood which occurred in the middle of the night.

FOX ALDEN:      You stated that you visited your father during your visit to Meadville that summer in 1824. What was your impression of his mental capacity at that time.

JAMES FINNEY:   He did seem to recognize me, but was unable to speak a single word. I attempted to get him to acknowledge what I was saying to him, but he was unable to do even this.

FOX ALDEN:      Thank you, Mr. Finney. I have no further questions.

JUDGE SHIPPEN:  Mr. Derickson, you may now cross examine the witness.

D. DERICKSON:   Mr. Finney, how would you describe your relationship with the plaintiff, Robert Mead?

JAMES FINNEY:   When I left Meadville in 1820, Robert Mead was a very young man of, I believe, 20 years of age. Prior to 1820, I had always thought of him as a boy and had no reason to dislike him at all. When I visited Meadville in 1824, his demeanor around me had changed a great deal. I found him to be aloof and arrogant in his reception of me. He seemed very reluctant for me to even see my father and required a great deal of persuading to finally allow it. He was now the man of the Mead house and seemed to me to be trying too hard to fill his father's boots. I also could not understand why my father had not received the letters that I did send. I did have a suspicion that the Meads may have been withholding them from my father, although I have no way of confirming that.

D. DERICKSON:   Mr. Finney, Meadville is a small community and it seems that everyone in town has a way of knowing everyone else's business. Many of us in the courtroom have heard reports of excessive drinking on your part over many years.

FOX ALDEN:      Objection, your honor. The learned counsel of the plaintiffs has no demonstrable way of knowing this and besides his statement is based on hearsay, or worse yet, gossip.

JUDGE SHIPPEN:  The objection is sustained. Mr. Derickson, if you want to know more about the witness' drinking, ask him a direct question.

D. DERICKSON:   Yes, your honor, I will. Mr. Finney, has your drinking over the last seven years adversely affected your otherwise good judgment?

JAMES FINNEY:   My attorney warned me that this subject might come up today, so I have prepared a statement on this to share with the court. Without question, I drank to excess while working on the Erie Canal. Money that would have been best saved or sent for the care of my children was used up in drink. Drinking was not only permitted during the workday, but was actually encouraged by the contractors who provided tots of whiskey for each man at intervals during each workday. Drunkenness in the evenings after work was widespread. This is offered to the court not as an excuse, but to hopefully show how many were particularly susceptible to these influences. I was one of those men. I am the kind of man who will drink to excess if given a chance. I know that now and that is why I totally stopped drinking almost one year ago. I intend with God's help to never return. In answer to your question, I am certain that my drinking did wrongly influence my judgment, I did not know that at the time, but I certainly know it now.

D. DERICKSON:   Mr. Finney, how do you plan to maintain your sobriety?

FOX ALDEN:      Objection, your honor. How can this question have any bearing on the final judgment of this court in this matter?

JUDGE SHIPPEN:  I tend to agree with the defendant's counsel in this. You are not required to answer this question, but may do so, if you wish.

JAMES FINNEY:   I would like to answer the question. It has been with the help and guidance of my God that I have been able to stop drinking. I have joined a church in Meadville and have involved myself fully in its services and the church community. It will be my God who will make this possible.

D. DERICKSON:   Thank you, Mr. Finney for your forthright answers to my questions. I have no further questions of this witness.

JUDGE SHIPPEN:  Mr. Derickson, do you have any further witnesses?

D. DERICKSON:   No, your honor, our side rests its case.

JUDGE SHIPPEN:  Mr. Alden do you have any further witnesses?

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DANIEL BEMUS IS CALLED TO THE WITNESS STAND.

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FOX ALDEN:      Yes, your honor, I wish to ask Dr. Bemus to return to the witness stand. Dr. Bemus, you have attended this hearing all morning. Do you recall Mr. Simeon Dunham's testimony? Mr. Dunham stated that he "did not recollect that Robert Finney's will was read to him before he acknowledged it was his signature." What is your recollection on this point?

DANIEL BEMUS:   My recollection is that I did read it to him. To not do so would be a serious error.

FOX ALDEN:      You may also remember from the court proceeding this morning that questions were raised about the current status of the General David Mead's estate, of which you are the administrator. I would like now to ask you several questions regarding this issue. First, are you the administrator of this estate and how long have you served in that capacity?

DANIEL BEMUS:   I was appointed by this court to be the administrator of the General Mead estate shortly after the death of Jennett Mead in 1823 and have served in that capacity since.

FOX ALDEN:      Dr. Bemus, what is the current status of the estate?

DANIEL BEMUS:   The estate is presently in debt to a number of creditors. The total amount owed is in excess of $6,000. As is often the case in matters of this sort, there is no cash in hand to pay creditors and no prospective buyers of land owned by the estate. At the time of the General's death in 1816, he owned over 8,000 acres of land in Crawford, Erie, Venango and Mercer Counties. Today, now over a decade later and after extensive litigation between creditors and the estate, there is less than 2,000 acres left to the estate. I would expect for the litigation to continue for many years to come.

FOX ALDEN:      Dr. Bemus, how are you paid by the estate for your services as administrator?

DANIEL BEMUS:   As I have said earlier, the estate is land rich, but cash poor. The arrangement with the court is that the accounting of my time and expenses is presented to the court for review semiannually. If the fund has no cash, I am then awarded parcels of land to compensate.

FOX ALDEN:      At the present, what parcels of land has been awarded to you from the estate by this court?

DANIEL BEMUS:   In 1824, I was awarded a 20 acre tract on French Creek from the Mead holding in Mead Township about two miles north of Meadville. I will be petitioning the court sometime next year for additional grant of Mead property to pay for my expenses.

FOX ALDEN:      Dr. Bemus, is it not true that you are currently undertaking the construction of a dam and adjacent mill structures on the 20 acre site that you just referred to?

DANIEL BEMUS:   Yes, that is true.

FOX ALDEN:      Is your 20 acre parcel just referred to adjacent to the Robert Finney property known as the Rocky Spring tract?

DANIEL BEMUS:   Yes, it is.

FOX ALDEN:      Please explain to the court how it is that you accepted an executorship in the Finney estate in 1824 with such an obvious conflict of interest as just discussed?

DANIEL BEMUS:   I can see how the question would be raised at this point, now three years later, but at the time, the circumstances were such that it did not occur to me.

FOX ALDEN:      I have no further questions of this witness and have no further witnesses.

JUDGE SHIPPEN:  Mr. Derickson, do you have any further questions of this witness or wish to call any last witnesses?

D. DERICKSON:   No, your honor. I do not.

JUDGE SHIPPEN:  We will take a short break for lunch and reconvene at 1:00 with the closing statements of the two sides.

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                THE COURT TAKES A LUNCH RECESS

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COURT BAILIFF:  All rise for the Honorable Judge Henry Shippen.

JUDGE SHIPPEN:  Please be seated, everyone. Mr. Derickson, you may give your closing statement to the court.

D. DERICKSON:   Thank you, your honor. It is indeed unfortunate that families are often riven with disagreement and dissension at the time of a loved one's demise. That two sides of a family would go to war over the reallocation of the property of the deceased at a time of grief and sorrow is certainly tragic. With the distrust that both sides have for the motives of the other, it is difficult to reach any kind of agreement without outside help. It is now the duty of the court to bring about a fair and equitable judgment in this case. It seems that many of the decisions made by the defendant, James Finney, in relation to this matter, were irresponsible; and indeed, he has admitted in court to as much. For six years, James Finney avoided the burden of the care of his ailing father and was content to have the Meads do so at no small expense to them. He now returns just prior to Robert Finney's death and demands that he be treated as though he were here and helping out his family all along. Yes, he does have some rights, but cannot claim the full rights that would be rendered to a full participant in the care of his father and his father's estate. The only defense raised by the defendant and his counsel has been to attack the motives and credibility of the other side of the family. This is a weak substitute for an honorable case of years of responsible and caring behavior, which were sorely lacking in the defendant's six years away from his family. We pray that the court will uphold the 1824 will and testament of the deceased, Robert Finney, and the 1824 power of attorney document, so that the probate of the Finney estate may move forward.

JUDGE SHIPPEN:  Mr. Alden, you may now give your closing statement.

FOX ALDEN:      It seems to me that the plaintiffs and their counsel have taken a pious and self-righteous stance throughout this affair. It is as if no one on the other side has ever made a grievous error or has been at any time irresponsible. The plaintiffs regularly point to the irresponsibility of the defendant and act offended if our side points to errors of judgment or possible wrongdoing on their part. Putting that aside, I wish now to make a number of pertinent points that I pray the court will take into account in its judgment. The defense has pointed out in court several errors on the part of the Meads in conducting the business affairs of the Finney estate. First, they did not seek legal counsel in drafting the second Robert Finney will. Secondly, they did not seek the advise and guidance of a certified third party in accounting for the income and costs of the Finney estate over for over six years. The selection of Dr. Bemus as an executor in the Finney estate was clearly ill advised due to his obvious conflicts of interest in the matter. Additionally, the testimonies of those present at the signing of the 1824 will & testament of Robert Finney clearly point to serious questions about the capacity of Robert Finney to understand what he was signing. Also, the naming of two of the three executors who were family members and could not be in any way unbiased in their responsibilities as estate administrators is another example of a will that was written by persons with no legal training. Based upon these egregious errors of judgment on the part of the Mead family, we urge this court to nullify the 1824 will and revert the probate of the Finney estate to the original will of 1821. We also urge this court to nullify the 1824 power of attorney document for the same reasons. The 1821 will is a standard legal document that is written to be fair and equitable to all parties concerned. The persons named as executors in the 1821 will are all upstanding persons of the community with no compromising ties to any part of the Mead or Finney families

 

JUDGE SHIPPEN’S FINAL RULING

 

     I agree with the counsel for the plaintiffs that when families war with each other at the passing of one of their patriarchs, it is a major tragedy for all concerned. Both the Finney and Mead families were extremely important to the early beginnings of this community and both families have been respected and honored by all of us for many decades. It is painful to watch such discord and animosity demonstrated through the court proceedings this morning and earlier in the year. It is evident to me that both sides have behaved irresponsibly at times for a number of years, all of which has contributed to the conflict that is before us now. The plaintiffs did not keep proper records of revenue and expenses for the Finney estate. They also unwisely drafted the 1824 will without legal counsel. The defendant did not follow though with his pledge to file an important document with the court in 1824, offering the flimsiest of excuses that he "did not have enough time" to do so. By his absence from Meadville for six years, James Finney also neglected his responsibility to care for his ailing father and his own children who were in the care of other family relations. Now the time has come for a reckoning. Creditors have to be paid what is justifiably due to them. We might say that the sins of the past must now be paid for. For those of us who have closely followed this trial, we know that the sins of the this past stretch back decades.

     Given this background, the court hereby orders the following steps. First, that the 1824 will, while flawed, was indeed the last wishes of the deceased Robert Finney and is to be respected by this court. Second, it is the belief of this court that Robert Finney would not want to disown his only son, if he knew what we know today. I therefore order that James Finney receive as much as any other deserving family member in the distribution of what assets of the estate are left after the payment of the debts owed by the estate. Thirdly, the court orders that the $600 debt to the Northwest Bank be paid, as was the wish of Robert Finney. Fourth, that the debt of back taxes on the Rocky Spring property be paid. In order to meet these debts, some portions or possibly all of the Finney estate will have to be sold. Lastly, the court will appoint a chief administrator of the Finney estate to manage the orders of this court. This chief administrator will be of unquestionable integrity and will work closely with the court in all major decisions. This chief administrator will be appointed by me by no later than the end of this year.