Inheritances

[Stefani]

I took a tour of the B&B with my history club recently and the guide, who is new, said that Emma inherited the whole estate and gave Lizzie half. It was not because Lizzie was accused of the murders, but that the oldest sister got it all, per law.

Is this true? Or can someone point me to the law on this?

I can't believe I don't know this. But when it was said, it sort of all of a sudden struck me that I was not sure!

[Aamartin]

I seem to recall reading this-- but I thought at the time that it was due to Lizzie's being on trial....

It would be interesting to research the laws of Massachusetts at the time of the murders pertaining to someone dying intestate.

[Harry]

This article appeared in the Evening Standard regarding controlf of the Borden estate after the murders:

"Miss Emma Appointed Administratrix by
the Probate Court.

[Special Dispatch.]
Taunton, Sept. 2. --- A matter of interest in relation to the celebrated Borden case appeared at a session of the Probate Court in this city to-day. On the 5th of August, the day following the murder of Mr. and Mrs. Borden, Emma L. Borden and Lizzie A. Borden appeared before Andrew J. Jennings as justice of the peace and swore that they were the surviving children of Andrew J. Borden, who died on the day previous intestate, and left no widow. They prayed that Emma L. Borden be appointed administratrix of the estate of Andrew J. Borden. On August 30 the bond of Emma L. Borden was approved by the Probate Court. The sureties are Joseph A. Borden, Franklin L. Almy, Jerome C. Borden, Frank S. Stevens and Andrew Borden of Fall River, and the amount is $50,000."

Emma did not inherit the estate but technically Emma did have sole control of its administration. Note that this was done the day after the murders. This was probably done at Jennings' urging.

Lizzie did not formally receive her share of the estate until a January 22, 1894 hearing. (See Rebello, p280)

"I, Lizzie A. Borden, named in the foregoing statement of Emma L. Borden, do hereby certify that the facts stated in the foregoing affidavit are true and I request that said statement be accepted. in lieu of and as a substitute for any further or other account. I also acknowledge the receipt of my full share of the said estate of Andrew J. Borden and in the consideration of the__?__ do hereby release and discharge the said Emma L. Borden as such administratrix from any and all liability whatsoever arising from or __?__ of the administration of the estate of said Andrew J. Borden."
/ signed/ Lizzie A. Borden."

[Stefani]

Thanks!

This is what I had in my head, but couldn't lay my hands on the source. You are a pip, Harry!

The surest way to learn a subject is to teach it. When you put your thoughts in order for a lecture, and fill in blanks with primary sources like wills, testimony, and letters, then you find more and more of the common myths that invade this and every other mystery.

I don't think that this case is unique in that regard. Harry, how much misinformation and mythology surrounds the Lincoln assassination?

[Harry]

Perhaps no case has had more theories or conspiracies than the Lincoln assassination. Virtually every new book comes up with a new one. Like the Borden case they started pretty early after the crime.

Probably the two most controversial books are the ones written by Otto Eisenschiml which attempt to link Secretary of War Stanton with the assassination. Shades of Arnold Brown.

And like the Borden case you have to read a lot of different sources and make up your own mind as to what is true and what has only whispers of fact.

[diana]

Perhaps no case has had more theories or conspiracies than the Lincoln assassination. Virtually every new book comes up with a new one. Like the Borden case they started pretty early after the crime.

Probably the two most controversial books are the ones written by Otto Eisenschiml which attempt to link Secretary of War Stanton with the assassination. Shades of Arnold Brown.

And like the Borden case you have to read a lot of different sources and make up your own mind as to what is true and what has only whispers of fact.

Amen to that!

[patsy]

Thanks for finding that, Harry, because I had something vague in my memory regarding Emma and the estate, but I couldn't find what it was that I read and it was getting frustrating just looking for it.

It's so easy to fall for the conspiracy theories for me anyway. I wanted so much to buy Brown's theory mainly because I believe that Ellen did see a man coming out of the Borden yard, yet it does seem plausible that it was a different yard too. And then the David Anthony angle . . .

[xyjw]

I didn't know this either, I never really thought about it. If Emma had wanted to, could she have kept the entire fortune for herself? She was not legally obligated to share the inheritance with Lizzie. This puts another interesting installment into the case.