Date: Tue, 25 Mar 2003 12:15:28 -0800 (PST)
From: N Lynch <sfbookfan@yahoo.com>
Subject: [WSFA] Fwd: some news from Hagerstown
To: WSFA members <wsfalist@keithlynch.net>
Reply-To: WSFA members <WSFAlist@keithlynch.net>

Rich sent this through his listserve, as noted below,
and I'm forwarding it to WSFA.  My comments below.

> [I'm sending this through Memoryhole (the one
> listserve I'm subscribed to).  I know there are
> other
> fans in some of the other listserves who will also
> be
> interested, and do not mind if this is forwarded to
> those groups.]
>
> Nicki, I, and Sheryl Birkhead were in Hagerstown
> earlier today to attend an "Orphans Court" hearing
> that decided who the Judicial Probate would be for
> Harry's estate, since no will was located (though
> his
> house has yet to be searched).
>
> The proceeding lasted about an hour, and when it was
> over, his next-door neighbor, Mr. Gordon Alexander,
> was appointed.  This is a Good Thing.  Mr. Alexander
> has taken an active, positive interest; he has been
> in
> contact with Joe Siclari and is now well aware of
> Harry's involvement with SF fandom as well as the
> valuable and probably fragile nature of Harry's
> fanzine collection.  After talking with him, I have
> a
> good feeling that he's the right person.
>
> The proceeding lasted as long as it did because Mr.
> Alexander's request to be named Probate was
> contested
> by an another, older family, the O'Dells, whom once
> owned the house Mr. Alexander now owns (aside: this
> is
> the same house that Harry wrote about in his article
> "The House on Summit Avenue" which appeared in
> MIMOSA
> 6 and was reprinted last year in the MIMOSA
> Fanthology).  The O'Dells felt they were entitled
> because they claimed they had, in effect, a personal
> relationship with Harry because of the routine
> upkeep
> they were helping him with for his home, and the
> "facts" that Mr. Alexander, in his brief two-years
> as
> Harry's neighbor could not possible have gotten to
> know him as well as them, and that (and I
> paraphrase)
> "nobody ever visited him at his house."
>
> There would have been a real danger if they had been
> appointed Probate, because it seemed obvious there
> was
> another hidden agenda.  Sheryl, I think, hit on it
> exactly -- she thinks that they wanted Harry's home,
> and if they were Probate, without much oversight
> (but
> also without the existence of a will, which when
> it's
> found would have shot them down) could have put the
> place on sale for next-to-nothing and then bought it
> themselves.  If they had gotten control, even with a
> will, I would have been scared for the fate of the
> contents of the house.
>
> Not only was the hearing relatively small in
> duration,
> the courtroom was also small -- the smallest I've
> ever
> been in, seating capacity just 14 people.  There
> were
> three Judges plus a court clerk who took notes and
> swore people in.  Mr. Alexander presented a detailed
> chronology of the events at the time of and after
> Harry's death, including the painstaking research
> into
> Harry's geneology in a (vain) attempt to locate any
> living relatives.  (He actually has the makings of a
> decent fan historian!)  Mr. Alexander also paid the
> cost of the funeral (about $5,300) out of pocket.
> (Afterwards, we learned that the clock was ticking
> on
> this... Harry's body had been removed to the morgue
> in
> Baltimore and was there for more than three weeks.
> If
> nothing had been done for three more days, the State
> of Maryland would have had him cremated.
>
> After he finished, the O'Dells had their turn, and
> their thesis was that they would have done much of
> what Mr. Alexander had done, if he hadn't done it
> first (the burial, not the research).  They seemed
> to
> believe they had first refusal rights, in effect.
> One
> of the judges asked them some fairly pointed
> questions
> as to that, seeing as so much time had passed before
> the body was reclaimed for funeral, and their
> response
> seemed to be that they were waiting for officials to
> seek them out and to tell them what to do.
>
> I also had a chance to speak, as did Sheryl, and we
> reinforced the point made previously by Mr.
> Alexander
> that Harry was world-famous in his field of
> interest,
> and that, from a preservationist standpoint, the
> contents of his home needed to be saved.  I
> mentioned
> the the value of his fanzine and prozines (both from
> an historical and monetary viewpoint) and the
> interest
> of a university library in acquiring these, should
> Harry's will allow it.  I also told the court that I
> thought Mr. Alexander would be a much better choice
> as
> Probate, given his interest, his proximity, and his
> ongoing contacts with the fan community, none of
> which
> the O'Dells had.  Sheryl spoke to say more about
> Harry
> as a person, and that many people over the years had
> come to visit him, sometimes from great distance,
> and
> that because Harry relied so much on the written
> word,
> it could be said that Harry had many, many visitors
> over the course of his life, from all the fanzines
> he
> received and from all the letters he wrote.
>
> The Judges seems impressed by all of this (one had
> even known Harry at one time), and it didn't take
> them
> long to come to the conclusion that Mr. Alexander
> would be declared Probate.  Their reasoning,
> however,
> was that the Probate should be the person who was
> owed
> the most monetarily by the Warner estate -- as Mr.
> Alexander had paid the cost of the funeral, he was
> it.
>  But it seemed also clear, from the way the
> proceeding
> went, that they also felt that Mr. Alexander was the
> right person for many other reasons.  I do feel that
> they would have found for him for some other reason
> had it been necessary.
>
> So that's the news from Hagerstown.  The next step
> is
> for the police to enter the home and look for a
> will.
> Mr. Alexander said that the house is protected
> against
> the weather -- the heat is on and there didn't seem
> to
> be any weathertight problems.  If a will is found,
> it
> may supercede today's proceedings as it might
> specify
> a Probate.  Joe Siclari has been in frequent contact
> with Mr. Alexander (who now also knows how to
> contact
> Nicki and me), so I feel that we will stay very well
> informed on what happens.
>
> Assuming all goes well, later this year things will
> start to come out of 423 Summit Avenue.  It might be
> that help will be needed to sort and pack fanzines
> and
> other belongings.  I have no doubt that fans from
> all
> over the world might come to Hagerstown to help out
> on
> this, should it be necessary or desirable.  If so,
> that would be a good time for some kind of Memorial
> event for Harry.  I'm sure the town would be
> interested, and by then they will know more about
> what
> a famous person they had living in their midst.
> =====
> Rich Lynch
> ==========
> MIMOSA web site: http://jophan.org/mimosa/
> 1960s Fan History Site: http://jophan.org/1960s/
> http://www.livejournal.com/~rwl

It was quite a morning in Hagerstown.  When we walked
in the Registers of Wills Office, there was a man in a
suite sitting there.  He perked up when Rich asked
about the Orphan's Court and said hello to us.  I'm
glad we got there early and talked with him.  He had
every thing he did and observed written down and
seemed like a very competent person.  He also seemed
genuinely pleased to find out that Harry had a second
life that made him world famous.

I was also surprised as the nastiness of Ms. O'Dell
(Mr. O'Dell didn't have much to say) and her attitude
that we didn't trust her.  Once she heard about the
possible monetary value of Harry's collection, she
asked if we thought she would just throw it out.  I
think she would have just to show us that she was in
charge.  They obviously wanted the house.

I'm also very glad we don't live close to the O'Dells.
 I have no doubt Mr. Alexander will hear further from
her.

So as to the collection, until the house is searched
for a will, no plans can be made for cleaning out the
house.  We'll keep you informed.

Nicki

=====
Nicki Lynch

=====
MIMOSA web site: http://www.jophan.org/mimosa

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