RICHLAND CO.—A nearly-ten-year-old probate case in Richland County may be the biggest clue investigators could be looking at in the murder of Ed Hataway.
However, whether there’s any real investigation going on into the matter is unknown, as law enforcement, guided by the office of the state’s attorney in Richland County, have been completely silent on the matter since not long after Hataway’s body was found badly decomposed and scattered in a drainage ditch off U.S. 50 in Lawrence County on November 7, 2012.
What makes authorities believe that the crime of murder occurred in Richland County instead of Lawrence, or even another county beyond the borders of the two, is also a mystery, but Richland’s prosecutor, David Hyde, had announced in December, after positive identification was made of the body, that his office was in charge of everything.
It’s well-established that county prosecutors don’t get involved in any aspect of a probate case—a civil matter and out of the purview of the state’s attorney—unless a crime is committed in the course of settling the probate.
But when the probate has dragged on for eight years without arriving at a settlement; when both the participants and their attorneys are using the word “rancor” to describe the atmosphere surrounding the probate; and when one of the men described in such terms disappears a day before a probate hearing is scheduled, it’s probably time for a prosecutor to at least send an investigator wading in.
It’s unclear whether this is being done. But if it’s not, this article might prompt someone to do so.
Background
The facts surrounding the death of Ed Hataway, who was 61 when he died, are well-known thanks to a dedicated group of supporters who have not let the issue rest in the face of an almost complete shutdown of information by law enforcement officials.
Hataway was last heard from on the evening of Sunday, September 16, 2012, after he made it back to his apartment at DC Sales out on Highway 50 near the Walmart Distribution Center west of Olney. His landlord, Don Cunningham, had talked to Hataway by phone about doing a mowing job the next day.
When Hataway didn’t show up, Cunningham went to check and found the door to the apartment unlocked. Hataway’s truck was in the parking lot, locked, and there was a pair of shoes in the gravel nearby, which Cunningham threw to the upstairs balcony.
Two days later (the 19th) Hataway’s brother John and John’s fiancé Anita Scott were worried. Attempting to file a missing person’s report, they were told by authorities that “maybe Ed wants to be ‘missing’” and no one took it seriously…even though Hataway had no one significant in his life, and even though there was reported animosity between Ed and his two brothers who live out of the area, Daniel and William Robert.
Not just ‘missing’
Ultimately, Scott and John Hataway were able to convince authorities that there was something very wrong with Ed being gone as long as he had been without answering his phone and/or checking in. By Sept. 27, Illinois State Police were involved, and both the Richland County Sheriff’s Department and Olney Police were no longer denying that there was a missing persons case in their jurisdiction.
It turned out to be too little, too late.
On the afternoon of Nov. 7, ISP investigators and Lawrence County Sheriff’s Department officials were observed waiting on crime scene investigators at a concrete culvert on Cahokia Trace Lane just off U.S. 50 outside Red Hill State Park. As it turned out, Richland County officials had received a letter in the mail directing them to that spot, where they claimed Hataway’s body had been dumped. Not quite two months after his disappearance, what was strongly suspected to be Hataway’s body, but which was still awaiting positive identification, had been found, most of it bones, and much of it missing.
ID made
In early December, the positive identification was made, and Ed Hataway’s remains were buried on Dec. 8, 2012.
Brothers Daniel, of Pesotum, Ill., and William Robert Jr., of Rusk, Texas, were not reported to be at the funeral
While orders of protection had been filed against them in Richland County by both Anita Scott and John Hataway (as well as by Ed) in 2005, those had long expired.
It’s not clear why they didn’t attend the final rites of their brother.
However, it might be construed as part of the ongoing “rancor” being displayed by the brothers toward Ed and John, as evidenced by the probate case of their mother, Opal.
Probate began in 2004
Opal E. Hataway died at the age of 80 on Dec. 29, 2003 in Danville. She had been a resident of Olney for a number of years and was considered so at the time of her death.
She left a Will dated June 11, 1978 and an estate with a relatively small value: Personal estate, $25,000, and Real estate, $40,000.
There were four legal heirs, all her sons: William Robert Hataway Jr., Edward E. Hataway, John D. Hataway, and Daniel L. Hataway.
As Ed was living in Olney and John was in Dundas, they were nominated as co-executors in the ensuing 2004 probate case. Ed was living in the house that was considered the Real Estate of the deceased, at 622 W. Main in Olney.
The purpose of probate is to ensure that any bills the deceased had outstanding were paid, and that what the deceased left behind is evenly distributed among the tax man and the heirs, so that there is no fighting going on among the bereaved.
However, that’s exactly what usually happens: fighting, bereaved or not.
And when, after three years, the estate wasn’t settled, a petition appeared in the file of Opal Hataway that explained in part why things were still dragging in the modest estate the woman had left.
Problems arise early
In a Petition to Sell Personalty (personal items, as opposed to Realty, or real estate), Ed and John Hataway advised the court that the beneficiaries of the estate had already made division of certain items of Opal’s personal property (they had included a handwritten, pages-long list of even the minutest of details of the property, including little figurines and mementos) but that there were items remaining that they were “unable to divide by agreement,” so the suggestion to the court was that all of the remaining personal property be put up for sale “for the proper administration of the estate.”
“Although your Petitioners are Independent Representatives and by law are authorized to sell without order of the Court,” Ed and John Hataway wrote, “there has been extreme rancor between your representatives and the other beneficiaries. Therefore, in order to protect all parties, your representatives have determined to proceed to sale with Court supervision.”
The two were asking for an order to sell the remaining property at public sale, this requested on Oct. 31, 2007.
Daniel Hataway strenuously disagreed.
In a response filed Dec. 3, 2007, he countered that he had consulted with Olney attorney Tom Weber (representing Ed and John) repeatedly in the beginning of their mother’s estate, trying to get a response to several issues in regard to forwarding the settling of the estate, stating that Weber “made him aware that John and Ed either would not respond or made no valid attempt toward the settling of the estate affairs.”
Daniel Hataway stated that “controlling the executors (through the court), working with the executors, or even reasonable communication with the co-executors was not possible.”
Claims Weber couldn’t help
“Tom Weber’s office made Daniel Hataway aware more than once, and as late as 10/20/2005 the day before the Co-Executors filed papers for Orders of Protection, the estate might be better served by removing the Co-Executors and installing Daniel as Executor, as per the wishes of the will of Opal Hataway. This is what Weber was hired to represent, her will and wishes!”
A copy of the will was not on file with the probate, so it’s unknown if this is factual. The OPs had been filed, as previously mentioned, by Ed and John Hataway as well as Anita Scott (then Everette) at the time when Daniel had an address of Rte. 130 North, Olney, although court documents show a scratched-out address in Pesotom, Illinois; William Robert Jr. was still in Texas.
In the description of incidents, Ed Hataway listed that “both W.R. Hataway Jr and Daniel Hataway made verbal threats of physical abuse, and threatened to kill me. At the same time made similar threats against John D. Hataway. On previous occasions, both respondents made similar threats not only in person, but also during phone conversations. This verbal abuse and physical threats have been taking place for over two years prior to this date.”
On Nov. 7, 2005, both William and Dan Hataway filed a joint motion for continuance in the OP case stating that the matter is contested and involved numerous witnesses, which would require extensive court time, and they had insufficient time to present their testimony.
Court documents don’t show how it was worked out, but it was: On December 2, 2005, Ed and John Hataway and Anita Everette all dismissed their cases against the two elder brothers.
Living in house, wanting money?
Daniel’s response continued, stating that Ed and John Hataway had made an agreement to place a valid sign in the front lawn of the 622 West Main Street property and if it didn’t sell, it should be placed on the market with a local realtor for a specified time period, and if it couldn’t sell for $50,000, it should be set for auction. So far, only placing a sign out front (of the house Ed was living in at the time) had been accomplished.
Daniel objected to any expenditure of funds toward the estate, noting that per agreement of the brothers, Ed would be living there rent-free if he would continue paying all utilities, property taxes and maintaining the property. He also objected to the non-response by the co-executors to him, to his other brother, and to the ongoing requests for response from Weber.
“These actions as well as some others of the Co-Executors have resulted in great animosity among all involved parties,” Daniel wrote in his response. “Some of the actions are as follows: After Daniel instigated an auction of personal items at the 622 West Main St. location, John and Ed had to stop the auction repeatedly for smoke breaks as well as taking time to instigate arguments during the auctions. Another irritating action was absence from the auctions to engage in league bowling, as well as another 24 hours spent because John had to stay home to watch the television show Survivor. William Hataway had driven from Texas and Daniel from 100 miles north. Both were made to wait for the convenience of the Co-Executors presence, this was another example of improper use of their court appointed powers for personal gain by instigating ill will! The false information to interested buyers, the property had been sold is another issue.”
Coming up
While it may seem to be over petty issues, the unfortunate fact is that when this kind of court action is necessary in the closing of an estate, these are the details that make those involved fume.
And this apparent bitter attitude wasn’t just that of Daniel Hataway’s, but was shared by his brother William Robert.
In the next issue, the rest of the complaints about how the estate was alleged to have been “mishandled” by the two brothers, Ed and John Hataway, as accused by the other two brothers, will be examined, as well as the ongoing and increasing references to aggression within the case…and how Ed Hataway’s September disappearance coincided with a probate court date.