Chapter 15; 911 – Terrorists in Canada Exposed, left mouse click then scroll down to read; “FAKE NEWS” – As The Stories Were Told, Alberta Court of Queen’s Bench Justices and lawyers were using scarce tactics, bank account garnishees and false imprisonment to defraud a 75 year old senior citizen Donald H. Broder and his family.

 *************************************

THE BUCK FOR JUSTICE

 

Presents

 

THE BRODER BUCK

*****************************

AS THE STORIES WERE TOLD

 

ALTHOUGH

 

These articles were accurate accounts of the on goings at the time but;

“Little did the reporters know the true factual documents were being collected and organized to expose criminal corruption within the Alberta Justice Department, Edmonton and Calgary Law Courts, Justices, Lawyers, The Law Society, The Judicial Council of Canada, The Edmonton and Calgary Commercial Crime Unit for whom are all willful participant’s that colluded to commit fraud on a vulnerable senior citizen but also colluded to orchestrate the Application For Leave to:

 

The Supreme Court of Canada.”

 

UNTIL NOW!

Edmund Broder sitting on the sill of  his hunting cabin door in the 1950’s.

 THE BRODER BUCK

 

takes on a new meaning

 

THE BUCK FOR JUSTICE!

 

truth always prevails

 

THE LEGEND CONTINUES;

Rest assured that;

Donald H. Broder’s fight was not

with his siblings,

it was to expose the corruption within;

The Alberta Law Courts

The Alberta Justice Department

The Supreme Court of Canada

The Law Society

The Judical Council of Canada 

and the specific lawyers named

  that

Conspiracy, Collusion and Orchestration 

is common practice by

Justices and Lawyer

to frame innocent

Canadian Citizens.

Which raises the question!

” Do we as Canadians live under a false sense of security?”

Donald H. Broder has proven

The Canadian Constitution

is meaningless!

In November of 1926 when Edmund Broder harvested

The World Record Broder Buck

it obviously had a much greater purpose

than anyone could have imagined!

Fight Over World Record Broder Buck

Written by David King at; KING’S OUTDOOR WORLD

What Happened to the Broder Buck

Fight Over World Record – What Happened to the Broder Buck

I originally published this article as a cover story in Hunting Illustrated in the Winter Issue of 2006.

I made this post back in Dec. 16, 2005 and included an excerpt of the article.

I am now finally posting the whole article with an update on the current events of Don Broder passing away April 11, 2012.

Below you can read about the whole story and events that unfolded in the Broder Family Saga

and

the fate of

THE GREATEST MULE DEER EVER!

 

********************************
Fight Over World Record - Cover Story in Hunting Illustrated
Fight Over World Record
What Happened to the Broder Buck

by David King

It was 1926 and Ed Broder had planned to go hunting from November 11th to December 23rd for his annual hunting trip. He shot a black bear and took the bear cape into town and reportedly sold it to someone from the United States. With the extra money, Ed was able to buy some additional supplies for a couple more weeks of hunting and headed back into the bush near Chip Lake in Alberta, Canada. A fresh snowfall blanketed the ground, improving the hunting conditions. Ed was following a fresh moose track when a large mule deer track crossed the moose tracks. More interested in the buck track, Ed changed course and pursued the mule deer. Ed always wanted a nice mule deer buck to have for a wall-hanger. The deer tracks were definitely a buck, but Ed Broder had no idea that the deer whose track he was on would eventually be the greatest mule deer buck ever taken; and, as some have described it, “one of the most outstanding big game trophies ever taken by a sport hunter.” With cold and rugged conditions, Ed persisted on the track until it led to a small clearing. There, in the clearing, Ed spotted the buck. His head down was down and Ed could only see the buck’s rump in his sights. The buck was approximately 100 yards away and when he raised his head, Ed realized it was no ordinary buck – he was awesome. One shot from his trusty Winchester 32 Special put the buck down, and the legend of the Broder Buck began.

In those days, hunters left the cumbersome antlers of big game animals behind in the woods because the meat was the primary reason for hunting. The antlers were of no value and all the meat had to be packed out by the hunting party. The only reason Ed would keep the antlers of most of his kills was the fact that in the area he hunted, there were a few sawmills around. There was almost always someone with a team of horses that Ed could hire to pack out the animal and this was his common practice. However, it is not known for sure if this was the case for this buck – although it was usually the course of action for Ed. He would hike some distance to the closest sawmill, stay the night, and strike up a deal with the worker who owned the team of horses to pack the animal out. On November 26, 1926 Ed was obviously able to get some help to pack out his awesome mule deer buck.

Broder Buck Mount on Old Post Card

A very rare Postcard someone sent to me showing the original mount of the Broder Buck. Probably from late 1920s. What a priceless photo.

Due to the money Ed made off of the bearskin he sold in the town of Edson, Alberta, he was able to afford the mule deer shoulder mount in 1927 by Wolf Taxidermy and still had a few dollars left over to get married that year as well. The deer head stayed with Ed in his home from 1926 until Ed’s death in 1969, but was sent to Boone & Crockett in 1962 by train to be officially panel-scored. Ed was not very comfortable about the trip because he could not accompany his deer mount. However, the mount was safely returned to Ed and had been given an official score of 355 2/8 B&C and declared world record status. Finally, 36 years after that snowy day near Chip Lake, Alberta, the Broder Buck was given the recognition it deserved. Ed Broder passed away on December 26, 1969. Fortunately, he would never know the turn of events that would eventually unfold to lead into a family dispute that would tear Ed’s children apart.

Here is the story of the Broder family and their trials and events that have led to an unparalleled struggle over the world record Broder Buck. Lawsuits, greedy lawyers, corruption in court rulings, jail time, unbelievable amounts of money, and siblings pit against each other by the proceeding of the courts – all of this cumulated to put the future of the Broder family and the Broder Buck’s future in question. Don Broder is in a battle over the Broder Buck with his six brothers and sisters. Don’s son, Craig Broder (and grandson to Ed), has assisted his elderly Father and has subsequently been drawn into the dispute by the six brothers and sisters of Don. Craig has also represented his father in court. A statement by Craig sums up some of the bitterness that now simmers beneath the surface of the Broder family, “I am totally upset with the courts in Canada that allow second and third generation children – who had no obligation, or knowledge to the distribution of a deceased grandfather’s belongings – to be brought before the courts and named in a statement of claim. When the events that led to the claim took place, I was twelve years old. This was caused by the negligence of the immediate siblings actions.”

In a series of interviews with Craig, I was able to record the story of events leading up to present time. What happened to the Broder Buck? This is his story as it unfolded in the courtroom…

Craig Broder is the grandson to Ed Broder. Born in 1958, Craig was four years old when his grandpa got his world record mule deer mount back from the Boone and Crockett panel score in 1962. Craig recalls visiting with his grandfather and remembers the head hanging above his chair in the living room. Nothing was really said about it, nor did anything special happen after the fact that it was declared the biggest non-typical mule deer in the world. In 1968, Ed Broder’s wife Hazel died. She had a will that dealt with all of his and her possessions. When she died, the children executed her will. This was an interesting circumstance since Ed, at the time, was still alive. Although one of the children, the youngest son, ended up purchasing Ed and Hazel’s home for a discounted price, Ed was still living in the home. Craig recalls, “The fact that Hazel had a will and that Ed did not, in addition to having that will carried out even while Ed was still alive, played an important factor later when we started dealing with the court hearings. My father Don was against it,” Craig continues, “And it proved the selfishness of the siblings to go along with the distribution of their parent’s possessions while their father was still alive.”

Ed Broder was left with nothing in his last year of life. He basically had his old Model T car, a few carpenter tools, saddle, chaps, a couple of guns and the trophy deer head. In 1969, a year after his wife Hazel died, Ed passed away. Craig relates, “It was admitted at the trial that the value of his personal belongings was very little, and the trophy was the least valuable at that time. The deer head was declared as having no value.” Shortly after Ed’s death, the family appointed one of the sons, George Broder, to be the family administrator over the estate of Edmond Broder. However, from 1970 to 1973, basically nothing was accomplished in the distribution of Ed’s estate. George was never legally appointed by the surrogate courts; so, even though the family appointed him, he never made an application to the courts to act as administrator over the estate of his father. Also, during this time, there was a little bit of a feud brewing between Don and his other siblings. Richard ended up buying the house and was not making the payments to the others, and he also figured everything in it was his as well. Don thought differently, and felt that just because Richard owned the house, that didn’t automatically give him ownership of everything in it.

At this time, Don was living in Calgary. He was approached by some people about showing the Broder Buck. Don explained that he could not show the buck since it was still in Edmonton where it had always been. However, Don told them that he would try and go to Edmonton and bring the trophy to Calgary. Don drove to Edmonton and went over to his brother George’s home, the family appointed administrator, and requested to take the deer mount. George demonstrated his “family”-appointed administrator rights and did not allow Don to take the head. Don was a little upset since he knew that the other siblings were taking things at random and he was being left out of the loop. A few weeks later, Don decided to make the trip back to Edmonton, but this time unannounced. Don knocked on the door to Richard’s home. Richard’s children were home, but Richard was not, so Don just walked in, got the deer head off the wall and took it to Calgary. He was originally denied from taking it, so he basically stole it. He was, in a sense, removing one of his father’s possessions without permission, but the other siblings were also doing the same, and claiming them as their own. Craig related, “My father kind of thought, ‘If I don’t get in there and get a piece of something, they are going to have it all.’” In 1973, Don Broder took the world record mule deer out of the home of his father, which was now owned and occupied by his brother Richard, and never returned it. Don took the head without permission. “Although Don took it without permission,” Craig notes, “It was expected that he would return it within a couple of weeks.” After Don took the deer head, whenever his brothers and sisters would stop by and visit or telephone him, any discussion about the mule deer, or having him return it, was abruptly refused by Don. No action was ever taken to recover the trophy from the day Don took it in 1973, until some 24 years later.

In 1997, Don and Craig decided to finally do something with this mule deer. Nothing had ever been done. They decided to start locally and see what the response would be. They struck a deal with Edmonton to show the Broder Buck at the Edmonton Sports Show in March of 1997. Of course, the local newspaper was there and they asked for an interview. The family ended up seeing the story in the newspaper and found that Don and Craig were showing “their” deer head at the sportsman show. Immediately, a letter was mailed to Craig. The letter demanded that the deer head be returned back to George Broder, the family appointed administrator. Craig’s reaction to the letter was obvious anger – “When the demand was made for the return of the trophy, it was necessary to consider whether the person making the demand had the legal right to make such a demand. In this case George Broder did not, as he was never legally appointed as administrator, and lacked the capacity to make such a demand, he had no legal or equitable right to the trophy, and Don Broder had no obligation to cooperate. What should have taken place was the application to have an administrator appointed by the surrogate courts. If successful, then and only then, could such a demand be made.” Otherwise, if an individual returns any personal belonging to a family appointed administrator who has never been legally appointed for 26 years, the individual is just giving up their possession and reversing the position. There would be no assurance that the family administrator would handle the property by the surrogate court rules. The property does not really go back to the estate. You are just in their position now – they got it and you don’t. Don decided he was not giving the deer head back to someone who had no authority to make such a demand in his personal capacity.

Don refused to return the deer head, as per the demand made by George Broder in March of 1997. So, shortly after, a statement of claim was issued. The statement claim named the three brothers and three sisters as plaintiffs with Don Broder and Craig Broder named as the defendants. They demanded that the deer head be returned, along with a declaration of all profits and proceeds made over the last 24 years. Don and Craig countered by filing a statement of defense and counterclaim and the proceedings started.

During the course of litigation, examinations for discovery were held on each person, “Yes, on six plaintiffs.” It was 4 ½ years into all the pre-trial preparation. Don met with a lawyer acquaintance and explained the situation. After the lawyer had heard the cause of action as related to him – of the six siblings suing a brother and grandson over a deer head that did not belong to any of them – he told Don, “They have no legal or equitable right to this property, it either belongs to your dead father or to you, Don, because you have had it in your exclusive possession for over 24 years. They can’t sue you guys,” the lawyer declared, “The deer head is not legally theirs.” The only entity that would have a right to make a demand for its return, and bring on a lawsuit, would be the estate and this entity does not exist and surely cannot exist now, 24 years after the death of your father. “They can’t sue for something that is not theirs.” Don’s lawyer advised him to make an application to have the case challenged on the Alberta Court Rule “no standing” before the trial.

Sure enough, after researching what their lawyer friend suggested, Don and Craig learned about the no standing rule. Also, case law was found in Canada that confirmed a brother suing another brother for property. The brother who had taken the case to court had no right to the property and the decision was overturned in the Newfoundland Court of Appeal, as the estate was the only entity that had a right to make such demands. Don’s lawyer made the application to challenge the issue and it was heard before Master Quinn, in the Edmonton Court of Queen’s Bench, arguing the Alberta court rule for no standing. The lawyer made the presentation in front of Master Quinn, he argued the point, and backed it up with case law. The family members did not have the authority to bring on this action, only the estate would possibly have such a claim, and the estate did not exist, and had not existed for 24 years. The case must be dismissed, and Don and Craig Broder must be awarded costs. Master Quinn agreed. However, he decided to give the plaintiffs time to create standing by giving direction to the lawyer handling it for the plaintiffs, to make an application at the Surrogate Courts to elect two of Edmond’s children as administrators to the estate of Edmond Broder. Master Quinn told them, “They have no right to sue, but I am going to give them a reasonable period of time to create a right, or bring the matter back before me and I will dismiss it.” Don and Craig were obviously upset – reasonable time, what was reasonable time, another 24 years? And the stipulation that Don Broder was not to interfere was basically a gag order, meant to take away his right to defend the application to appoint administrators.

Don and Craig hadn’t gone to court for Master Quinn to give direction to the other side on how to file lawsuits. The entity that has the right to sue did not exist, and the Master had just allowed the case to continue based on events that had not taken place yet. If the estate or administrators existed it might be another story, but they did not, and now the Master had allowed two new parties to be added to a statement of claim. It wasn’t long before the siblings took advantage of their lucky break and had two of them assigned as administrators of the estate. So, now the claim listed the six siblings personally, and then listed two of them again as personal representatives of the estate of Edmond Broder.

However, that was the Master’s decision. Don and Craig, of course, appealed the decision. They went in front of Justice J. P. Clarke and told the Justice that Master Quinn was right in saying that the case had no standing, but he was wrong in allowing the siblings time to create standing. Justice Clarke pretended to listen to Don and Craig’s argument, took a ten-minute recess and then returned and told the plaintiff’s lawyer that they did not need to speak, Craig recalled. “He winked at our lawyer (our lawyer admitted it later) and read a pre-printed decision that was in favor of the plaintiffs, and gave the order “add the administrators to the statement of claim.”

As Don and Craig left the building, their lawyer said, “You got hosed. This decision was decided before you got out of bed this morning. You do not think Justice Clarke typed the decision he read during his short recess, it was prepared for him in advance.”

The statement of claim was issued in 1997. Judge Clarke’s court ruling occurred mid-2001. A new plaintiff was added to a statement of claim that was now over four and a half years old. Where do limitations fall in? Limitation periods are now two years in Canada, and you are allowed to change it within those two years. The statement of claim had already been amended three or four times, and now they were getting orders from a judge to amend it again. This time it was not just a wording issue; this was adding a new party. Was it legal to keep adding people to a claim? The whole context of the argument had now been changed, four and a half years later. Craig sums it up as follows, “They knew that by us winning the no standing challenge, they were under limitation of action for the estate to do anything. So, if they didn’t add administrators to the claim, the plaintiff’s lawyer could have quite easily been held responsible for filing the lawsuit incorrectly, and subject to all costs to both sides.” Don and Craig felt that the judge had been protecting one of his own.

Don and Craig did not accept the Justice’s decision and they filed for an appeal to the Alberta Court of Appeals, three judges this time. The argument for the appeal was that both prior judges were right in stating that the siblings had “no standing,” but were wrong in allowing them time to create standing. The Appeals Court Judge agreed. However, he told Don and Craig that he was “going to allow this case to go to trial and let the trial judge decide.” The family was making an allegation that there had been an agreement. “Agreement” meaning that the family had all agreed that Don Broder would hold the head for the benefit of the whole family. Craig explains, “So we went to trial thinking that we just had to prove what the agreement was, if there was one. When all the siblings started to treat their father’s belongings as their own, that’s when the limitation period began.” By law, the case should now fall under contract law and become a contract between brothers and sisters. Furthermore, in statutes of fraud it states that agreements that last for over twelve months must be in writing to be valid.

When the family made an application to elect administrators, Don’s lawyer failed to show up. The family appointed administrators immediately because the judge had put a gag order on Don, telling him not to interfere. They ended up electing two of the other family members, clearly in conflict of interest, and elected the plaintiff’s lawyer as the estate lawyer, another conflict of interest. Craig recalls, “You can’t elect a family member as an administrator to a 25-year old estate when the families are already in litigation. It should have been a third party, if anything. So, the family elected two of the six plaintiffs as administrators, and then they added them to the statement of claim.” This action was clearly protecting the errors of the plaintiff’s lawyer to make sure that the monies from the sale of estate assets went directly into the plaintiff’s lawyer’s bank account.

At this point, just prior to the trial, Craig asked for an application for summary judgment. Basically he was saying, “OK, you – the plaintiffs – win, and I, Craig Broder, lose. Craig swore an affidavit that he did not own the deer head. This action was taken under the advice of the case management judge, Justice Marceau. He suggested that the plaintiffs let Craig off – or he would. After much deliberation, Craig made the decision to sign the affidavit because he was the youngest on the lawsuit and could not trust the outcome of the trial, or the system. If his father and all other siblings were to die without paying their legal bills, Craig would have been subject to all of it. He decided that he desperately needed to distance himself from all the dirty deeds going on and was consequently released.

The trial was scheduled to take place in nine days, in January of 2004. Don fired the lawyer who failed to show up at the Surrogate Courts and hired another lawyer to do the trial. About two weeks before the trial the lawyer called up Don and told him that he was going to lose. Don promptly fired that lawyer as well. Don then called up Craig and told him that he had just fired the trial lawyer and asked him what he should do. Craig offered to handle trial-defending his father. Fortunately, he had behind-the-scenes help. But, how prepared can you be? Cross-examinations are only prepared as the examinations are being done. However, all case law was prepared in advance.

On a Monday morning the trial started. The first person to the stand was George Broder; the original family-appointed administrator from 25 years ago, even though he wasn’t legally appointed until 2001. “During my cross-examination,” Craig relates, “George admitted that the value of Ed Broder’s personal belongings was practically nothing. Even the deer head was declared as having no value.” Apparently, in 1971, there was a small ad that was placed in Field and Stream Magazine by the family to help determine if the deer head had a value. After the run of the advertisement, there were a few inquiries and offers, but, surprisingly, the highest offer for the record mule deer was not much more than $50. It was Ed’s Model T Ford that had been assessed as having the most value, being worth a couple of hundred dollars.

As Craig continued his cross-examination, he focused on proving when the agreement was broken, to confirm when the limitation period actually began. Craig made George admit that when Don took the head out of the house in 1973 and did not return it, he broke the agreement. However, the family had no time to pursue Don, and now that they had time, some 24 years later, they finally took the case to court. “I thought I had them,” Craig admitted. “He broke the agreement in 1973. He admitted it. Now the limitation period would start, from that day.” The cross-examination of George ended and it was lunch time. The Judge suggested a recess and for everyone to be back by 2:00 P.M.

After returning from lunch, Justice Bielby came back into the courtroom. Justice Bielby said that she just happened to run into the Case Management Judge, Justice Marceau. Justice Bielby continued by saying that she was going to offer something that she normally does not do, especially after a trial is already underway. “The way I see it,” the Judge noted, “There is going to be one big loser and one big winner. I would rather see the seven of you just come to some agreement amongst yourselves here today and all of you walk out winners. Both sides have to agree, otherwise I won’t do it. Justice Marceau, the Case Management Judge, is willing to come into the courtroom and hold an auction. The highest bidder buys the deer head, and the rest of the family splits the money.”

Craig looked to his father and said, “You should agree to this offer, it will demonstrate that you are willing to cooperate. If it turns out to be unrealistic, we do not have to agree. This option doesn’t mean that we have to buy the deer head, or even agree to it at the end, but we have to look very willing to settle this. We have to agree to try this out.”

Both sides agreed to the auction. The courtroom was cleared, except for the named parties, and their legal representatives. Justice Marceau came in and was very clear, the auction was to be done in complete confidentiality. He continued to make a few suggestions, and then got the auction underway. Don placed a bid of $30,000, the other side upped it, then Don raised the bid to $50,000 and the process stalled. Marceau looked toward Craig and asked him, “Craig, you appear to know the most about these things, what do you think the deer head is worth?” Craig stood up and answered, “I know some people in the industry who have told me that the head could be worth upwards to $50,000 to $60,000 American.” Justice Marceau continued by lecturing the family on how much this court battle was going to cost if things continued. No one would be a winner. This auction was the entire family’s chance to actually walk away ahead of the game. Looking to Don Broder, Justice Marceau asked, “If that is what the head is worth, then what are you willing to pay for it?” After things settled down, the final bid was at $60,000 by Don Broder. “You better take it,” Justice Marceau told the siblings. “I am going to tell you something, you better take it. I should have ended this fight a long time ago.”

The offer was refused and the trial was to proceed on Tuesday morning. The plaintiffs had alluded to the buck being worth $500,000 to one million dollars in their statement of claim, but none of the plaintiffs were willing to pay more than $50,000. The family could have easily outbid Don, as they had the resources of all six of them, to only Don’s resources on the defendant’s side. Witnesses were called, and the trial proceeded Tuesday, Wednesday, and began to conclude at the end of the day on Thursday. Justice Bielby made it known to the plaintiffs that the lawyers they were relying on were not good enough, and that they had better do better. Craig began to hope that they might win – the plaintiff’s lawyer was fumbling. The plaintiff’s lawyer asked for an extension of time to prepare for closing statements, but the Justice refused and concluded that the trial was to be wrapped up Friday morning at 10:00 A.M.

Craig did not sleep a wink Thursday night as he stayed up and prepared for his closing arguments. With help from a friend, Craig felt ready, but nervous. Presenting the closing argument properly was very important. Craig was going against not only one lawyer, but the assistant who was with the plaintiff’s lawyer every day was found out to be one of the top lawyers at the firm. The plaintiff’s lawyer went first for closing statements. When she finished, Craig realized that his preparation and presentation were better, and his confidence built. Craig put together a powerful and sincere argument that stunned the courtroom. He was sure that he and his father had won. “While I was speaking you could have heard a pin drop, and after the proceedings ended, I looked over at the other side and it was written on their faces, they knew they had lost.”

Six weeks later the judge handed down the decision. The Judge declared that the deer head be turned over immediately to the estate, advertise it for sale at the court house, and the highest bidder in thirty days would get it. The judge would look over the bids and decide who could buy the deer head. If any family member decided to bid one dollar more than the highest bidder, they could buy it. Craig and Don were blown away – where in the world did this decision come from, nobody asked the courts to sell anything. All the court wanted was the sale to take place and the money to go into control of the plaintiff’s lawyer who was also the estate lawyer. Now they would have complete control of the money. Absolutely dirty!

Naturally, Don was pretty upset by the ruling of Justice Bielby. He was, however, ordered to turn over the deer head to the estate. However, a problem soon arose. Don admitted that he did not have the deer head. He could not turn over the deer head because he did not have it. This shocked everyone. Eventually a Sheriff was sent to Don’s house to search for the Broder Buck. They found a set of antlers on the table and took them, thinking they had found the deer head and all was well. However, after further examination of the antlers, it was determined that they were a replica. It was not the original set of antlers. The Judge then proceeded to serve Don Broder and charged him with contempt of court because he did not turn over the real deer head.

Don was ordered to appear at court in front of the judge on a Friday at 2:00 P.M. The judge asked Don if he had the deer head to turn over to the court. Don said, “No.” The Judge charged him with contempt and incarcerated him. They arrested Don on the spot and put him in jail by 3:00 P.M. that afternoon. The contempt charge was criminal, however, the court officers did not read Don his rights, or give him time to get council. Don was 75 years old and walking with a cane at the time due to a much needed hip replacement surgery.

Saturday, around noon, Don was finally allowed his first phone call. He called his son Jeff Broder and told him that the authorities had kept him in the remand center since early evening on Friday. He had not been fed and was also without his prescription drugs. Not only did Don need his hip replacement drugs, but he was also on heart pills, blood pressure pills, and other quality of life medications due to his age. No doctor had been in to see Don and coordinate his prescriptions. Jeff came unglued, and phoned the news stations, he was at the door of the remand center, and demanded they get with it or expect trouble if harm came to his father’s health. The remand center woke up quickly, and a doctor was in to see Don immediately. When Don was allowed another phone call, he called Jeff again and said, “Son, I don’t know what you did, but they have my prescriptions and meals on time now and the only drug they refuse to give me is Tylenol 3 for my hip, but I will be OK.”

On Monday morning Don was scheduled to appear before Justice Bielby at 10:00 A.M. This time Jeff and Craig were waiting by the courtroom door before 9:30. A police officer wheeled Don into the courthouse in a wheelchair. As they positioned Don in the courtroom, Jeff and Craig took up positions beside him. Jeff offered his father a Tylenol 3, and the police officer said that that would not be possible. It was then that tensions came to a head, as Jeff was face to face with the cop, and told him that if his father wanted a Tylenol 3 there was nothing he could do about it. The cop radioed for back up and a couple of more officers stormed the courtroom. Don then said that he was all right and did not need a Tylenol, and things calmed down. Justice Bielby then entered the courtroom, and asked the plaintiff’s lawyer if she had received the deer head back yet. With objection, Craig stood up and asked, “How could they have got the deer head back, when the person who has it was in jail. Or are you making allegations that someone else has the ability to return it?” Bielby then turned to Don and asked if he was prepared to give the deer head back to the estate.

Don said “No.”

Justice Bielby then said, “I will send you back to jail, Don, you have to do what you have to do.” She then ordered Don back to jail and then turned to Craig and said, “Or, you can take his place.” Craig immediately came unglued, and suggested that this courthouse was not much more than a kangaroo court – since when did it become legal for one person to take another person’s place in jail? Jeff then stood up with a letter that had recently been given to him and Craig. It was written on a lawyer’s letterhead and said, “Justice Bielby, as well as other judges and lawyers, were afraid for their safety when Jeff Broder was in the Queen’s Bench Court House in Edmonton.” Jeff then accused Bielby of being biased and prejudiced and suggested that if she felt that way about him, she should not have taken the bench to hear this case. Justice Bielby denied having ever seeing the letter, but turned bright red. Jeff immediately went to the plaintiff’s lawyer and demanded that she step down, as she could not be the estate lawyer, as she had a conflict of interest, and now she would be acting for Don also.

Don was again taken back to jail. Jeff found his father a criminal lawyer. The criminal lawyer later made an appearance with Don in front of Justice Bielby. Bielby said, “If you tell me what you did with the deer head, I will let you out of jail.” The criminal lawyer advised Don to tell her what he did with the mount so that he could get Don out of jail as quickly as possible. Don was finally convinced to tell the justice what he had done with the deer head.

Later that afternoon, Don was brought back before Bielby. “I sold it,” said Don. Justice Bielby demanded that Don be incarcerated until he turned over the money, or got the deer head back.
The criminal lawyer was blown away. He said, “My lady, you said you would let him out if he told you what he did with it.”

Justice Biebly ignored him and once again repeated, “Incarcerate him!”

Don then called Craig, and told him the name of the man to whom he had sold the deer head. He suggested that Craig make contact with the Montana collector to try and buy the deer head back. Craig did what his father requested and the sum of $175,000 U.S. was placed in a trust to complete the return of the deer head. Don was then let out of jail.

The collector later changed his mind and sent back the money and kept the deer head. The money was then turned over to the plaintiff’s lawyer. The lawyer that was fighting for the six plaintiffs was also the estate lawyer. Craig and his brother Jeff approached the lawyer and asked her to step down. “It was a conflict of interest to be not only the plaintiff’s lawyer, but also the estate lawyer,” Craig noted. Regardless, the $175,000 that was returned from the Montana collector was deposited into the bank account of the estate lawyer’s firm. The court made the decision to sell the deer head, even though it was still in the possession of the Montana collector. The court made the statement that the deer head was up for auction. The highest bid was currently $170,100 from the Montana collector. The auction would be open for thirty days and the highest bidder would get the deer head. The Montana collector was determined to keep the deer head in his possession and immediately outbid himself by an estimated $50,000. This put the total bid amount for the Broder Buck to an astounding $225,000 American. Nobody else competed with the offer and the deer head was returned to the Montana collector.

Don Broder was then brought back in front of the trial judge for his contempt charge. The judge declared that the proceeds from the sale of the Broder Buck would be split up amongst the siblings. However, due to Don’s actions of selling the head, he was slapped with a $50,000 dollar fine – basically the full proceeds of his share that he would have received from the sale of the head.

Once again, Don and Craig decided to appeal. This appeal hearing has not yet taken place and is scheduled for December 1, 2005. However, with each appeal the stakes have been raised. So, what will happen to each party if they win or lose? If the appeal decision is awarded to Don Broder – the $225,000 U.S., plus taxable court costs will be paid to Don. The six siblings would have to pay for their own legal fees, upwards of $125,000. If Don Broder loses the appeal, he will be worse off, except for the appeal legal fees. If the siblings win the appeal decision, the most that they would receive, after paying all of their legal and estate handling fees, would be a few thousand dollars each.

So, with Don Broder almost caught up on lawyer and court fees, if he wins the appeal, what would he do with the $225,000 awarded from the sale of the Broder Buck? I asked Craig this question, bringing this amazing story to a conclusion, he offered this final response:

“If my dad wins the decision, I am going to put him in my truck and drive down to Montana. With the $225,000 in my hand, I am going to get down on my knees and beg to buy the head back. I never wanted the money. I am the oldest son. My father truly never wanted to sell it. I have told my dad that I will do all I can to get the deer head back, back to Alberta where it belongs. I would not blame the current owner if he did not want to sell it back, but I am going to do my best to talk him into it. It belongs here. If he can see that, and I think he might, I truly want it back. Maybe working out some conditions or whatever it might take, I have to at least give it a try on getting it back.” Craig continues, “It has never been about me or my dad. It has always been grandpa. We always took care of it, cleaned it and looked after it in his name. We have history, pictures, stories from the old newspaper clippings, and more. My father has gone out in that area where my grandfather shot the buck and hunted there for over fifty years without missing a season, and now I have hunted there for over 25-years straight. The rest of the family did not care until the head became valuable, then the courts allowed greed to set in. The siblings, and their lawyers, want the money and could care less at what expense. The courts basically allowed Don Broder’s personal property to be stolen from him. We walk in grandpa’s footprints, on his old tote roads, located his old hunting cabin, searched for days until we found the elk jungles, or twin springs. When we located his old hunting cabin at Rat Lake some ten years after his death, his Swede saw, axe, and bitch light were still hanging on the wall. Nobody else was out there. The head was where it belonged, with Ed’s oldest son Don, who kept it and preserved it when it was worthless, and should have been left alone in his old age. You do not wait a quarter of a century to sue someone when they are old and fragile.”

The appeal hearing was set for December 1, 2005. The outcome never transpired as people thought and it continued to be locked up in court with no decision for years. The battle continued.

 

Author’s Note: This is a letter I received in response to this article I published. I published this letter in its entirety to give equal opportunity for all parties involved.

Dated: March 13, 2006

Dear Sir:
Re: Estate of Edmund Broder, Deceased

We read with interest the article in your Special Winter Issue 2005/06, “Fight Over World Record: What Happened to the Broder Buck.” Certainly, the ongoing saga of the Broder Buck is of historical and human interest.

The article presented only the position of Craig Broder and his father Don Broder, one of the sons of Ed Broder who shot the Broder Buck in 1926. This letter is written on behalf of the other five surviving children of Ed Broder. We feel we must set the record straight on a number of things in your article.

Regarding our mother’s estate, our father had the legal right to live in the house and remained living there for the rest of his life. All of his children wanted it that way. Only some personal things of our mother were distributed after she died and before our father died. Also, our brother Richard made all of the payments to buy the house, and there are very detailed accounting records to back this up.

After our Dad passed away, and a meeting was held in the spring, at which time George and Don were appointed and agreed upon as the administrators of Dad’s things. We also had a meeting to give some of mother’s personal things to each family member. Don took our grandfather’s late 1800 gold pocket watch, which was the only thing of value. George and Don put together all Dad’s carpenter tools ect. from his work shop and distributed them equally among all family members (Don got his share).

There wasn’t much of a market for the Broder Buck back in 1971 when we advertised in Field & Stream, so it stayed in the family, in Richard’s house at first. When Don took the trophy, we thought he was taking it on behalf of the estate, as George’s helper, and holding it for all Ed Broder’s children. The bottom line is that we trusted our brother Don, and so we didn’t mind that he’d taken the trophy. It had to be kept somewhere.

And, we went about raising our families and going about our lives. We didn’t think the time was right to start looking at selling the Broder Buck until the 1990s, and we hired a lawyer to help us find a buyer. Then, in 1997, we saw the article in the Edmonton Sun about the Edmonton Sports Show, saying the Broder Buck belonged to Don’s son Craig.

This was an absolute shock to us. The Broder Buck belonged to all the children of Ed Broder. So we demanded it back. When we didn’t get it, we had no choice but to sue our brother and our nephew. It was a sad day, indeed.

The whole issue about us not being able to demand the trophy back without an Administrator appointed by the Court wasn’t even raised by Don or Craig for several years into the lawsuit. We demanded back the trophy so that all Ed Broder’s siblings could share equally in the proceeds of any sale—including Don. That is what would have happened if the Estate of Ed Broder was administered by Court process, and it is what we believe our father wanted. But Don and Craig refused. Even after Administrators were appointed, Don and Craig continued to refuse to give up the Broder Buck.

In June of 2001, after the Administrators were appointed, the Honorable Mr. Justice R.P. Belzil granted an order stating that, among other things, “The world record mule deer trophy and all estate assets are to be preserved and not disposed of without the consent of all parties or Court Order.”

In September of 2003, the Honorable Mr. Justice R.P. Marceau granted an order that Don was to put the Broder Buck in the safekeeping of his lawyer, where it could be inspected by the other siblings or someone they appoint. He was to do this by October 10, 2003. That date came and went, and the Broder Buck was not delivered as ordered.

Our lawyer brought a motion to have Don Broder cited in contempt of court for refusing to obey a court order. Don swore an Affidavit on November 7, 2003 in which he said he had the Trophy, that the Trophy was “safely secured” at his residence in Sundre, Alberta; and he attached photographs of the Trophy “as it existed on November 3, 2003, verified by the date of the newspaper visible in the photograph.”

On November 10, 2003, Justice Marceau ruled that Don was in contempt of court, but decided that because Don had sworn he still had the Broder Buck, Don didn’t have to deliver it to his lawyer for safekeeping.

So the trial began in January of 2004. Don’s siblings, including the Administrators of the Estate of Ed Broder, thought that Don had the Broder Buck. While we don’t agree with a lot of what the article said about what went on in the trial, your readers can read Justice Bielby’s decision at www.albertacourts.ab.ca, and we enclose a copy with this letter. She ruled that all of Ed Broder’s children were entitled to share in the trophy, including Don.

Another interesting point is that a few weeks before the trial, Don claimed to have found a short handwritten Will in Ed Broder’s handwriting, leaving “all my stuff” to Don. Nobody had seen or heard of this document before this, even though our father had died in the late 1960’s. A hand writing expert gave the opinion that so-called Will was not authentic, and Justice Bielby ruled that it was not.

Justice Bielby also made an order that Don could recover some of his claimed expenses for taking care of it over the years, in the amount of $21,195, provided that he also delivered to the Administrators of the Estate of Ed Broder the replicas, mount and backdrop so that they could be sold in conjunction with the trophy. They were never delivered.

The judgment came out, but the Broder Buck was not delivered. Some Court orders later, Don Broder still did not deliver it up. He appeared in April of 2004 in front of Justice Bielby with his son Jeff. Jeff Broder spoke in Court on behalf of his father, and presented a document signed by Don Broder personally, attaching hand written calculations totaling $322,097.00, and which stated “I will not release or disclose where the Trophy is until attached invoice is paid by cash, certified check or bank draft forthwith.” Jeff Broder said there was a “possessionary lien” on it and Don Broder agreed that “that’s exactly what it’s all about.”

After Don Broder was jailed for refusing to give up the Broder Buck, a local CBC reporter contacted our lawyer. The reporter said that there were rumors that a collector had bought the Broder Buck down in Montana. This was the first that we or our lawyer had heard of this. Up to this point, Don had said that he would never part with the Broder Buck, and that he wanted it for his children. He had sworn that he still had it, and even had shown a picture of it to the Court. Even when he was taken to jail, he was still saying he had a lien on it because he possessed it.

But then our lawyer was contacted by a Montana lawyer who acted for the purchaser of the Trophy, who had bought it by way of a cashier’s cheque dated May 2, 2003. This sale was before Don swore that he still had the trophy in November of 2003. The photo in that Affidavit was of a replica. If Don had won the trial, the Estate and the other siblings and the Court would probably have never found out that he had already sold the Trophy before trial, in breach of an earlier Court order.

Don finally admitted that he had sold the Trophy, and was released once the funds from the sale were turned over to the Estate of Ed Broder. The purchaser of the Broder Buck, an avid collector, wanted to keep it, and so offered another $55,000 (U.S.) in addition to the $171,000 (U.S.) he had already paid to Don. The Administrators of the Estate decided that this was better than sending the money back and trying to get the Broder Buck returned to them from Montana. They went to Court to get an order to approve the sale, but Don had his lawyer oppose, even though this was a sale for more money than Don himself had “sold” it for!

Because Don opposed the sale, Justice Bielby gave about a month for any other bidders to come forward to buy the Broder Buck. In the end, nobody made any other bids. The Court then approved the sale to the Montana collector. The extra $55,000 (U.S.) was eventually paid to the Estate.

Meanwhile, the other articles in the Estate being the saddle, chaps, Model T and one gun were sold at auction. The other gun Don had taken and he kept it for himself.

On December 23, 2005, the Court of Appeal ruled on Don Broder’s appeals. It said that the Estate was entitled to the Broder Buck, just as Justice Bielby said it was. The Court of Appeal did say that Don Broder was not in contempt of Court for not delivering the Trophy, but only on the technicality that he did not have it by the time the Court said he had to deliver it. The Court of Appeal said at paragraph 22 of its decision that “While there may have been other matters for which the appellant (Don) could have been cited in contempt, such as his fraud upon the court, the contempt citation related only to delivery of the trophy.” We enclose a copy of the Court of Appeal’s reasons, and your readers can find a copy at http://www.albertacourts.ab.ca

At the time of writing this letter, we have just learned that Don will be seeking leave to appeal the Court of Appeal’s decision to the Supreme Court of Canada.

The saga of the Broder Buck continues.

Yours Truly,

George Broder
Doris Bibaud

 

What Happened to the Broder Buck

It is a long, drawn out story. One that reflects on the unfortunate circumstance of family turmoil that started with a world record mule deer and ended with a bitter family feud that continues today. There has been no solid conclusion. After years of lawsuits, the family has accomplished nothing but expensive attorney’s fees that gobbled up any monies they each received from the sale of the Broder Buck.

April 11, 2012, Don Broder passed away. He struggled to hang on to something that meant dear to him, but in the end, nobody won, except for an antler collector from Montana whose patience paid off and now is the owner of the greatest mule deer to ever roam the earth. The Great Broder Buck.

13 Comments on “Fight Over World Record Broder Buck”

  1. dave sytsma

    Just read your article on the broder buck. It was a fantastic article, but I gotta say it doesn’t appear there is much common sense in the Canadian courts. The family didn’t care about this magnificiant rack for 24 years? Go figure it wasn’t worth anything to them then I say let Don and Craig be in peace it’s their possesion their choice. Unfortunately there’s no statue of limitations on greed. If Ed Broder was alive I’m sure he would be disgusted with it all except Don and Craig. So much for the value of legacy.

  2. Joe Mladenik

    This is RIDICULOUS what has happened/is happening to this poor family! They could make a movie out of this story. I just hope the family gets the head back to where it ‘belongs’. What a nightmare this has turned out to be for all of them!!!!! The Montana collector is sure to profit from this but it should not be TREMENDOUSLY!! Common, Let this family enjoy what Ed Broder had wanted them to enjoy-his fantastic mule deer. It deserves to be passed down from generation to generation as the great heirloom that it is, NOT from one collector to another.

  3. broder buck should be with don broder and son

  4. steve

    any outcome in the courtcase yet?

  5. Dennis Berklund

    The case should definitely be decided in favor of Don Broder and his son. These people have taken greed to new levels.

  6. Jay Dee

    I’ll bet that Ed Broder is turning over in his grave to have his offspring fight over a deer rack. So many families torn apart over mom and dads stuff. But to hear that a deer caused all this hate and discontent! My suggestion is that they have me hold onto the rack until Ed comes back to reclaim the prize:)

  7. Tammy

    I bought the magazine to read the story. The article said to log on to the blog to see the outcome of the court case. Please update us as soon as possible.

    Don and Craig should get to keep what is theirs. The other family members are full of greed.

  8. Donald J. Greener

    Very interesting tale. You left out one part of the story so far. In 2000 Craig offered replicas of the buck for sale to the general public as advertised in Trophy Hunter Magazine. I don’t know how many he sold, but I am surprised the rest of the family haven’t demanded a share of the proceeds from those sales.
    Keep us posted on the final outcome.

  9. Jeff

    I just read the article on the Broder Buck and it’s a shame that a FAMILY can not reconcile this issue without the “help” of the Canadian courts. I truly believe that the buck should be in the hands of Don and Craig. The other “family” members are obviously in it for the money. I myself have a brother and sister and I can’t imagine fighting with them over a deer mount…even if it is a world record. Money should never come between family! I would assume based on the dates and information provided that the Broder brothers and sisters are pretty old. They can’t take the buck or money with them win they die. The saying “the one with the most toys wins” is not what they should be thinking. “The one with the most toys still dies” is more fitting. They must realize that their petty claim for the Broder Buck will not be decided by the Canadian courts, but by GOD, when they stand in front of him. And to the gentleman who currently has the deer…if the courts decide in favor of Don and Craig, sell it back to them. After this is said and done, they deserve it.

  10. Disappointed

    See the real story for yourself – go to

    http://www.albertacourts.ab.ca/go.aspx?tabid=13

    and enter the search term “Broder” to locate the court cases.

    I’d say that Craig and Don are the greedy ones. They admittedly stole the deer head from the family, carted it around for years no doubt pocketing any proceeds from showings, sold the deer head in 2003 again pocketing the cash, lied to the Court about its whereabouts, and now they are crying for their precious deer head back. Give me a break! If the Broder Buck meant so much to them, they wouldn’t have sold it in the first place. And if family meant anything to them, they wouldn’t have taken, then sold a family heirloom.

    As for any collusion among, dishonesty or less than honourable treatment from the Justice(s) and the lawyers, the claims appear unfounded from my reading of the case decisions – maybe Don and Craig are just sore losers. As for any claims that the lawyers are greedily taking all the proceeds, well, if Don and Craig hadn’t lied, cheated and stolen from their family there wouldn’t have been any need for the lawyers to get involved! And if Don and Craig had fessed up about not having the deer head, there might have been a quicker and less costly solution to the case. It’s no wonder that their lawyers quit on them – my guess is that they quit because Don and Craig were trying to get them to lead evidence that suggested they had the deer head when they didn’t – a lawyer could be seriously reprimanded or disbarred for misleading the Court in that way. No such risk for ole Craig though … If they had admitted that they no longer owned the deer head, then perhaps they could have been dealing with theft charges rather than the Estate litigation that ensued. They’ve shown a clear lack of respect for the legal system and they get no sympathy from me.

    Note: Article #10 above written by disappointed, seems obvious it was written by one of the corrupt lawyers!
  11. its a shame that greed came into this situation, but how many of the ones that are causing all the pain between family even visited their grandfather. They are a shame to the family name and their grandfather.

  12. Jenni

    If anyone ever looks here….. Don Broder is currently taking his lawyer to court, and suing for 5 million for lack of legal representation.

    The family wanted the deer head in a museum, and Don Broder and son wouldn’t reveal the where abouts…..

    I have knowledge of the case, the outcome, and the things that aren’t in the paper….. my grandma used to hang her socks on it.

  13. Well suing Lawyers has turned the entire story into fraud and conspiracy, luckily we sued the only innocent Lawyer first Robert Sawers and you will be surprised to see what I have learned.

    It has all been published now at the website Donald Broder created prior to his passing it is called The Buck For Justice http://www.broderbuck.com

    You be the JURY.

    Craig Broder

    cbrodertech@gmail.com

 

 

Written by Ashley Powers at;  The LOS ANGELES TIMES

Title fight to the finish

The Broder Buck still stands as a world-record mule deer rack. But the object of family pride, Ashley Powers reports, stirred up sibling strife and eventually was sold off.

October 19, 2004|Ashley Powers

Ennis, Mont. — FOR A WORLD RECORD, THE ANTLERS UNDERWHELM: You expect more, somehow, than 43 points sprouting like witch’s fingers from a clump of skull mounted on a tiny metal slab. It is a fine rack, the color of caramel-streaked dark chocolate, yet it hardly seems worthy of a custody battle that began decades ago in Canada and ends here on the cold, green floor of a trophy hunter’s office.

Before Don Schaufler nabbed the rack in an online auction and added it to his collection in this small town framed by the Madison mountain range and river, the rack had a long history of inspiring pride, desire and greed. Brothers and sisters lied, argued and sued over it. One went to jail. How, you wonder, could antlers rip apart a family the way the Broder Buck did?

 

Title fight to the finish

The Broder Buck still stands as a world-record mule deer rack. But the object of family pride, Ashley Powers reports, stirred up sibling strife and eventually was sold off.

October 19, 2004|Ashley Power

Ennis, Mont. — FOR A WORLD RECORD, THE ANTLERS UNDERWHELM: You expect more, somehow, than 43 points sprouting like witch’s fingers from a clump of skull mounted on a tiny metal slab. It is a fine rack, the color of caramel-streaked dark chocolate, yet it hardly seems worthy of a custody battle that began decades ago in Canada and ends here on the cold, green floor of a trophy hunter’s office.

Before Don Schaufler nabbed the rack in an online auction and added it to his collection in this small town framed by the Madison mountain range and river, the rack had a long history of inspiring pride, desire and greed. Brothers and sisters lied, argued and sued over it. One went to jail. How, you wonder, could antlers rip apart a family the way the Broder Buck did?

In the wild

Edmund Broder almost tailed the moose instead of the deer but, with daylight dimming, decided to go for the easier kill. He and two buddies had chugged west in Broder’s 1914 Model T to a sawmill camp about 100 miles from his Edmonton farm. From there, the men hired a horse-drawn sleigh to haul their gear to Chip Lake, a shallow pool dotted with islands. They stumbled upon a cabin that saved them from staking a tent.

It was a late November day in 1926. Broder, a 35-year-old farmer and carpenter, set off alone into the woods around 1 p.m., he recalled years later. He threaded the poplar and aspen, boots crunching a foot of new snow, and soon spied the tracks of a large deer. Its trail meandered off a timbered ridge and through a jack-pine swamp, then crossed paths with fresh moose prints.

Broder paused. Moose move too fast, he figured, and a long chase might take him too far from the cabin after dark. He had time to stalk a mule deer.

As the afternoon waned, the temperature dropped into the teens. Broder puffed out vapor as he trudged along the deer tracks to higher ground. Finally, in a clearing 200 yards away, he spotted the buck. It was foraging on shrubs with its back to him. Broder froze. He raised his .32 Winchester Special, waited for the buck to lift its head, aimed high on its spine and held his breath. Crack. The animal collapsed.

What a rack, he thought.

Others who knew the challenge of stalking the crafty mule deer that roam the Canadian Rockies would be more effusive. To kill a “gray ghost” with antlers as big as Broder’s, says environmental scientist Valerius Geist, “You have to be kissed by the gods.”

Broder had the deer head fastened to a piece of plywood and eventually hung it in the living room of a three-bedroom house that he built. It glared from the wall for nearly half a century. Hazel, Broder’s wife, dangled her stockings on its points to dry them. The eight kids occasionally singed its fur with the kerosene lamp. That made Dad mad.

“That was his treasure,” recalls his son Richard. “That was gold to him.”

Under surveillance

Antlers and the pursuit of antlers define the valley southwest of Bozeman that contains Ennis: Antler chandeliers light the chain-hotel lobbies and silk-screened elk bugle on gas-mart sweatshirts. “Welcome hunters” signs dot the main strip.

In an outbuilding on Schaufler’s nearby property, antler bits litter an office floor and, on one wall, a door opens to one of six antler warehouses. Thousands of smooth racks shed by elk, deer and moose cascade from stacks 15 or 20 feet high.

A transplant from San Diego, Schaufler at first made his living here 30 years ago by logging and guiding big-game hunters into the backcountry. He also began to collect elk antlers that had been shed naturally in the wild and sold them to a local taxidermist, who in turn sold them for export to Asia. In time, he hired workers to craft his cache into rustic home decor including a candelabrum, hallway mirrors, coffee tables and lamps.

While running his business, Schaufler, 58, developed a reputation within the antler trade as a stalker of giant racks. He would scan the record books from hunting clubs such as Boone and Crockett and Pope & Young and cold-call the racks’ owners. Might they want to sell? On vacation in Utah and Arizona with his family, he would grill locals to find out who had bagged the biggest trophy around. By 2001, Schaufler had amassed close to 100 of the top mule deer trophies in North America. He sold them to the outdoors retailer Cabela’s, which displayed them in its Sidney, Neb., and Kansas City, Kan., stores.

But one rack swirling across the pages of his record books remained elusive: the Broder Buck. Of course, he would stalk it like a man with a loaded gun. “This is the crown jewel,” Schaufler explains.

Though a drawing of it was included in the 1939 edition of “Records of North American Big Game,” the rack had never been measured by official record-keepers. Finally, in 1960, after some prodding from outsiders, Ed Broder warily crated and shipped it from Edmonton to New York. “When the deer wasn’t in his house my dad wasn’t the same guy,” the oldest son, Don Broder, once told a Colorado newspaper.

 

(Page 2 of 3)

Title fight to the finish

The Broder Buck still stands as a world-record mule deer rack. But the object of family pride, Ashley Powers reports, stirred up sibling strife and eventually was sold off.

October 19, 2004|Ashley Powers

The Boone and Crockett Club tallied the thickness, symmetry and length of its points and, in layman’s terms, deemed it enormous. (In technical terms, it scored 355 2/8.) Record-keepers believe this mark for nontypical mule deer may never be bested. Typical deer have eight points; nontypical deer have more.

Decades ago — time fuzzes details — Schaufler phoned the apparent owner, Don Broder, who said he wasn’t interested in letting the rack go. The two men would later meet at a hunting and fishing expo, Schaufler says, but again nothing came of their discussion about the prospect of a purchase. Some insiders gossiped that the Broder kids wanted to sell the buck but couldn’t agree on a price.

No matter; Schaufler was a patient man.

Out of sight

Ed Broder grew old with his astonishing buck.

By 1968, the world-record rack was deteriorating: the puffy wool stuffing in its neck was deflated, the coat worn like carpet. If you stroked the buck’s head, chunks of fur fell into your hand.

Broder was showing his age, 77, as well. Hazel had died a year earlier, and when heart troubles landed Ed in the hospital, son Don sat by his side and dealt hands of cribbage and rummy. Don remembers their conversations about what would happen to Ed’s things after his death.

“He gave it all to me and told me to divide it up as I see fit. I didn’t have to. He gave it to me.”

Long before the local press would dub him “Antler Man” and describe him as “stubborn as a mule deer,” Don took his own sons to retrace Ed’s steps on the day he bagged the deer. They even found his ax and animal-fat candles in the “far shack,” the cabin where Ed Broder slept when he killed the buck.

“My father,” Craig Broder says, “hung onto everything he could of his father’s.”

When he died, Ed left no will, and none of the seven surviving children clamored for the antlers. Over time they divided up the saddle, chaps and rifles. The Model T and the buck remained in the family home, where Richard, Don’s younger brother, still lives. After burying their dad, the children went back to work in construction and bricklaying. Eventually they each chipped in $40 for an ad in Field & Stream magazine inviting offers for the rack. By then, the family legacy was less important than what it might bring in the open market, but none of the 19 replies resulted in a sale.

Two years later, in 1973, Don asked Richard if he could display the buck at a Calgary sportsmen’s show. When Richard said no, Don waited for a time when his brother was not at home and took the rack. He exhibited it, relished the attention it brought from fellow big-game hunters and never returned it, though several of his brothers say they asked him to. When it was not on the road, the rack peered from the wall in Don’s cabin-like trophy room, next to mounts of a whitetail deer, an antelope and an elk with 12 points.

Through all of this, the Broders remained cordial if not close. Everyone knew that Don had the rack, and they assumed he would care for it until the day a potential buyer surfaced.

In the mid-1990s, Don’s son Craig put the antlers to work on the big-game circuit, where hunters and anglers gather in fairgrounds throughout the West to attend seminars and gawk at gear such as spotting scopes. Owners of prestigious racks sometimes display them to draw customers for hunting books, knives, calendars and even packets of deer trading cards.

Eager to protect the antlers, Don and Craig escorted the buck to a Green Bay, Wis., outfit that made plaster replicas of the rack. The ratty rest of the head was discarded.

Craig also banked on income from posters, embroidered baseball caps and T-shirts with the Broder Buck’s image, its Boone and Crockett score and the words “world record.” Profits were minimal, Craig says, but Don prized the notoriety.

“My dad was very proud of his deer and he always enjoyed having people look at it,” Don once told a reporter. “In a sense, we’re fulfilling his wishes here.”

But in 1997, when an Edmonton newspaper announced the buck’s appearance at an upcoming sports show, the Broder siblings turned against Don and Craig, who the article named as the buck’s owners. Feeling slighted and cheated out of profits, they demanded the rack’s return and disclosure of how much money it had made on the circuit.

“We couldn’t steal it and the only way to get it back was to sue him,” says Earl, the youngest Broder.

They filed a lawsuit to wrest it away, and years of wrangling began. At one point, Don produced what he alleged was his dad’s will — notes scribbled on a paper used to score one of their card games — but a handwriting expert and an Alberta judge deemed it invalid.

Finally, last spring, a judge ordered Don to produce the antlers. He refused. “If you’re going to take me to jail, take me to jail,” he said, and officials did. Seventy-four years old and frail, he rolled into the Edmonton Remand Centre in a wheelchair.

(Page 3 of 3)

Title fight to the finish

The Broder Buck still stands as a world-record mule deer rack. But the object of family pride, Ashley Powers reports, stirred up sibling strife and eventually was sold off.

October 19, 2004|Ashley Powers

After six days there, Don reappeared in court, now clutching a cane in each hand and staring at the floor. He was sick of being cooped up, Craig says, and agreed to let his lawyer tell the judge his secret: He had sold the Broder Buck in 2003 after it appeared on EBay.

Craig says even he didn’t know what his dad was up to. “He did it rashly and stupidly and probably out of spite.”

Don later swore that he had no intention of letting the rack go and that he posted it on EBay, with his siblings’ knowledge, to simply assess its value, as the family had done with the Field & Stream ad.

But as the online bids crept higher, he thought of his mounting legal fees — more than $100,000 — from the six-year custody battle.

Soon after the auction closed, Don loaded the rack into the back of his van and drove through Canada to Montana. He slid open the doors and handed the blanket-swaddled family legacy to Don Schaufler in exchange for a cashier’s check for $170,000, the amount of the highest bid.

A year later, Schaufler says he got a strange call from Don Broder: If anyone asks if you’ve got the buck, Broder warned, say no. And then Schaufler got an even stranger one, this time from Craig: “My dad’s in jail.”

To win his release, Don and his lawyer agreed to repurchase the buck. They put $170,000 into the estate’s account, but Broder’s siblings remained steely toward him. “He didn’t treasure that buck; he liked the money,” says Earl Broder.

Richard Broder is even harsher: “No one’s going to go to his funeral.”

After 11 days in jail, Broder was released. Schaufler, though, declined to sell and instead offered the Broders $55,000 on top of the $170,000 to keep the buck. “If they would have said to send them [the antlers] back,” he said, “I wouldn’t have sent them back because I own them.”

The Broder siblings liked Schaufler’s offer, but Don Broder thought the buck, after all the trial publicity, could bring more at auction. Because of the unusual circumstances, the Alberta judge ruled that the court would accept bids from other buyers, and that the siblings would share the money from the sale.

On June 8 the bidding period began, with offers to be submitted in writing to the court clerk. After a month, the judge announced that only one bid was received. Of course. It was from Schaufler. He bid $225,000, the same amount he had offered the siblings a month earlier.

Don Broder got a piece of the sales price, about $32,000, but he was fined for contempt of court. Paying off that will wipe out his windfall. And last month, he appealed the judge’s initial decision that he forfeit the buck.

So the antlers are in Ennis. Where Schaufler hides them is a secret. Someone else may be stalking the Broder Buck.

Tracking the deer over seven decades

TIMELINE

1926: Ed Broder kills the buck near Chip Lake in Alberta, Canada.

1962: Boone and Crockett Club deems it a world record for a nontypical mule deer.

1968: Ed Broder dies a year after his wife, leaving no will. Hazel Broder’s will specifies that one of their seven children, Richard, may purchase the family home — with the trophy on the wall — from the estate.

1969: The Broder siblings decide to sell the trophy.

1971: An ad for the trophy is placed in Field & Stream, but no buyer is found.

1973: Don Broder asks his brother Richard for the trophy because he wants to display it at a Calgary sportsmen’s show. Richard says no, but Don takes the trophy.

March 4, 1997: The Edmonton Sun newspaper runs a story about the trophy, naming Don and his son Craig as owners.

March 6, 1997: The other Broder siblings are upset that they are not listed as owners, court records say. One brother directs his lawyer to send Don a letter demanding that the trophy be returned to the Broder estate.

1997-2004: The siblings sue for custody of the rack so they can sell it. Don argues that his siblings waited too long to contest ownership.

March 9: A judge awards custody to the Broder estate.

April 23: Don, who mostly represented himself in court, is jailed for not returning the buck. He refuses to disclose its whereabouts.

April 26: The judge says one of Don’s sons may take his place in jail after he again refuses to reveal the buck’s location; they decline.

April 29: The judge discovers Don sold the antlers for $170,000 to a dealer in Montana in May 2003. The judge also recommends that Alberta officials investigate Don and his son Craig for perjury and obstruction of justice.

May 3: The judge orders Don’s release after he posts the money he received from the sale into a court-ordered trust account. His lawyer is directed to buy back the antlers with the money and give them to the siblings.

June 8: The court puts the Broder Buck up for auction after Don Schaufler, who bought the antlers, seeks to keep them — even if it means ponying up more money. Don Broder says the estate should reject Schaufler’s offer and try to get more money for the antlers.

July 13: With no other bidders, Schaufler buys the trophy for $225,000. The money will be split equally among the siblings (including the estate of one who died during the lengthy court proceedings), but Don Broder’s fine for contempt of court will wipe out his portion.

Source: Times research

 

EDMONTON JOURNAL

Written by Bob Scammell at: THE EDMONTON JOURNAL

The Curse of the Broder Buck

 The Curse of the Broder Buck

The Broder Buck – photograph taken by lawyer and outdoor enthusiast Bob Scammell

The Broder Buck.

As a journalist, some stories really stay with you – and the tale of the Broder buck is one of them.

It’s the story of a man versus nature – and, in a haunting way, about nature’s revenge. About a great legendary hunting trophy – and a family ripped apart by the a feud over that set of mule deer antlers.

The Broder buck is back in the news today, with a report of the passing of Don Broder, the brother at the centre of the quarrel.

You can read that news story here.

But to understand why this story haunts me – here’s the column I wrote about the dark legacy of the Broder buck, back in 2004:

*******************************************************************************

Among hunters, the story of how Ed Broder bagged his world championship buck is legend. And the legend goes something like this.

In November 1926, Ed and his buddy, Philip Mohr, packed up Ed’s 1914 Model T Ford with a three-week supply of food and headed west towards Chip Lake, halfway between Edmonton and Edson.

Ed was an experienced backwoodsman. The son of German immigrants, he grew up on a farm near Josephburg, east of Fort Saskatchewan. He liked to tell people that he’d started hunting in 1909 and had never missed a season since.

When the logging roads became impassable, Ed and Philip hired a team of horses and a sleigh to carry their gear deeper into the bush. From there, they hunted on foot.

At first, there was no snow on the ground, which made game harder to track.

In the second week, the snow came. A foot of it, thick and soft. On Nov. 25, Ed was tracking a moose when he came across fresh deer tracks — the tracks of a big mule deer.

Ed tracked that deer. He tracked it for a day and a half, through the snow, through the swamps, the sandhills, the thick wild brush.

Those who know say the mule deer is one of the greatest hunting challenges. With their keen senses of smell, vision, and hearing, they are adept at detecting movement from long distances.

Finally Ed saw his quarry: a buck, with a huge rack of antlers, browsing in some low shrubs, some 200 yards away.

He fired his .32-calibre Winchester Special.

And so he bagged the Broder Buck, the largest “non-typical” mule deer specimen ever recorded. Experts deem it one of North America’s finest big game trophies — period.

 The Curse of the Broder Buck

Ed Broder, with his prize mule deer trophy, circa 1926

How much of the tale is legend, how much fact, we’ll never know. The myth of the Broder Buck is about as big as the trophy itself.

But that deer has had its revenge on Ed Broder. The trophy has become a poisoned legacy, one that’s ripping apart two generations of his family.

Greed. Vengeance. Betrayal. It’s the kind of primordial family feud that could have come right out of a TV soap opera — or right out of the Old Testament.

In 1968, Ed died without a will. The only thing of real value in his estate was the mule deer trophy. The seven children who survived him have been warring over it almost ever since.

Now one of those sons, Don, 75, is locked up in the remand centre. Don, it seems, sold the antlers to an American collector last year for $171,000 US — behind his siblings’ backs and in defiance of a court order. Then he allegedly lied about the sale to the court, insisting he had the antlers safely hidden, that he was protecting the family legacy from his brothers and sisters, who wanted to sell it and split the money.

He’s being held for contempt of court. He and his son Craig are under investigation for perjury and obstruction of justice.

Craig and his brother Jeff claim they had no idea their father had sold the trophy. Jeff broke down in tears in court Thursday and stormed out in a fury. Craig says he feels a sense of betrayal.

The Curse of the Broder Buck. Could it get any uglier?

Well, it could for Don. Judges have little patience with people who defy their orders or lie to the courts.

A short, stocky man with a heart condition, high blood pressure and bad hips, Don Broder hobbles on two wooden walking sticks — when he’s not using a wheelchair. He hardly looks like a dangerous criminal.

But unless he comes up with the $171,000 or tells the court where the money went, he could be locked up in the inhospitable remand centre until at least June 8 — his next scheduled court date. He also faces possible criminal charges.

Meanwhile, his elderly siblings have health problems of their own. One sister, Luella, has already died in the course of the court proceedings. What started as a private family quarrel has become a public tragedy — played out on the public stage, at growing public expense.

What is it about a dead deer’s antlers that could make one family so crazy?

Bob Scammell is a retired lawyer and mediator from Red Deer who spent years practising family and estate law. He’s also an ardent mule deer hunter, an award-winning outdoor writer — and a distant cousin to Philip Mohr, Ed’s hunting buddy.

Once, says Scammell, the market for trophy heads was small. But prices have been rising steeply for the last 10 years. The advent of EBay, the global online auction service, has made it easier and more lucrative to sell big game trophies to American collectors and speculators.

“Professional ‘head-hunters’ are starting to abound,” says Scammell. “The thought that this amazing trophy was also worth a tremendous amount of money was a fairly new one, I’d guess.”

But Scammell says the lure of the buck is about more than money. It’s about family pride. And it’s about magic.

“This is a legendary mule deer trophy, a trophy so outstanding it may never be surpassed. But the real trophy is the story of the hunt. It’s a story of the real good old days, of the absolutely best kind of hunting.”

It’s too bad the Broders couldn’t be content to share their father’s legend, instead spending their retirement years locked in battle over his antlers. But that, says Scammell sadly, is the nature of estate law.

“You never really know a man, or a family, until you’ve seen them divide up somebody’s property,” he says.

“Give me the worst matrimonial dispute, and I’ll take that over an estate fight any day.”

 

Blake Richards MP 

Member of Parliament

Federal Government of Canada

Turns a blind eye to;

The White Collar Crime within the Canadian  Justice System!

 

Blake Richards
followTwitter follow
  • Blake Richards
  • @BlakeRichardsMP
  • province: Alberta
  • riding: Wild Rose
  • birthdate: Nov 8, 1974
  • email: blake.richards@parl.gc.ca
  • waiting for his government pension
  • doesn’t actually care about victims of crime
  • put on a good facade
  • makes a good politician has no backbone

Blake Richards MP; writes feel good plans for fighting white collar crime but has no backbone when it is brought to his attention!

Collaring ‘white-collar’ criminals

By Blake Richards, Wild Rose MP

Posted 2 years ago

Earlier this month, two men from Alberta were charged in a massive $400-million Ponzi scheme that investigators say ensnared up to 4,000 people and is being called the biggest investment fraud in the province’s history.

The media is reporting that even National Football League stars were among the alleged victims of the scam. So the temptation for some may be to think that well-heeled investors got greedy in their pursuit of even larger profits and simply got stung for it.

But white-collar crime, as it is called, is not the plague of the super-rich. It affects every day Canadians, some of whom are our neighbours, friends and family members. It could even one day be us.

For me, the term “white-collar crime” has always been something of a misnomer – as if it is somehow a purer or cleaner form of misconduct. Victims of fraud, I’m sure, would argue that white-collar crime can be as harmful as any other lawbreaking. Those who have their dreams destroyed and their future security ruined through a financial fraud have been victimized and traumatized, just as someone who has been mugged in an alley.

Children’s education plans, retirement RRSPs, mutual funds, banking accounts – all of these personal nest-eggs that we work hard to build and save towards our future dreams can be wiped out through the simple mischance of placing our trust in a fraudulent financial advisor.

White-collar crime is an issue that our Conservative government takes very seriously and we have compassion for those families that have lost money at the hands of these criminals. And we are offering victims of financial fraud more than just condolences. We are offering them action and protection from future victimization.

Our government this month proposed to introduce legislation that will crackdown on perpetrators of so-called white-collar crime.

Our legislation will create a mandatory jail sentence for serious fraud and add aggravating factors to justify longer sentences.

It would also require courts to consider restitution orders. Fraudsters should be held responsible for the devastating financial loss that victims can suffer. The punishment must fit the crime.

In addition, the Minister of Finance is working toward the establishment of a federal securities regulator, which would strengthen both regulatory and criminal enforcement.

Our government has made the rights of victims and the protection of society our priority in addressing concerns around the increasing incidences of white-collar crime.

 The Curse of the Broder Buck

WORLD’S RECORDS NON-TYPICAL MULE DEER

SCORE: 355 2/8
LOCATION: Chip Lake, AB
HUNTER: Ed Broder
OWNER: Don Schaufler
DATE: 1926
KEY MEASUREMENTS:
Length of main beam: Right 26 2/8 – Left 26 1/8
Inside spread: 22 1/8
Circ. of smallest place between burr and first point: Right 5 – Left 4 7/8
Number of points: Right 22 – Left 21

World Record Mule Deer Broder Buck – The Biggest Ever!

by David King on April 30, 2012 in Buck Alert! with No comments
World Record Mule Deer - Broder Buck

The Broder Buck: World Record Non-typical Mule Deer
The Biggest Deer in the World

Today, Don Broder, the son of Ed Broder, died. Don was tied into a very ugly legal battle with his siblings over this magnificent trophy. I did a very extensive article in 2005 about this unfortunate situation and have posted the whole article following the legal battle and eventual sale of the trophy mount for $225,000. Blow is a short story of the Broder Buck and the amazing hunt that took place in 1926.

 

Ed Broder and Philip Mohr packed Ed’s 1914 Model T Ford touring car in November of 1926 with three weeks supply of hunting gear and provisions and headed west out of Edmonton, Alberta, Canada. Reaching the settlement of McKay near Chip Lake, Alberta they traveled south over near-impassable logging roads to their chosen campsite on the Bigoray River. From this point on the wilderness was so rugged that hunting could only be accomplished on foot. During the first week out Ed bagged a black bear despite poor hunting conditions due to the first snowfall not having arrived yet. At the start of the second week a foot of fresh snow fell, making excellent hunting conditions allowing Ed and Philip to use their keen tracking abilities. Both of these men were extremely skilled in bush hunting and were always prepared to spend a night on tracks in the wilderness in order to pursue their game at daybreak the following day.

World Record Mule Deer Broder Buck

Ed Broder holds his world record mule deer after being officially scored by Boone & Crockett in 1962, 40 years after he shot it. The buck still holds that title.

During the second week Ed was tracking a moose when he noticed that a big deer track had crossed the moose track. After examining the deer track more closely he chose to follow the fresher deer track because he had always wanted a big buck to have mounted. After tracking the deer for several hours Ed became cold and wet, but still persisted. The deer tracks led him to a small clearing where he spotted the deer browsing in some low shrubs at about 100 yards. Moments later the deer raised its head and the antlers came into view. Ed quickly drew his Winchester 32 Special and dropped the buck. As he approached the buck Ed realized this was no ordinary mule deer; it was truly astounding! Ed had Wolfe Taxidermists do a shoulder mount and proudly displayed his trophy in his home for 36 years prior to its being officially scored by the Boone and Crockett Club in 1962.

Story behind the original scoring of the trophy

The entry measurement of the Broder Buck scored at 359 3/8 original score. One of the main differences was the point total. Originally the points were counted as a 22×22. The next panel was in 1962 at the B&C 10th competition.

John Hammett and Grancel Fitz on Feb. 24, 1962 were chosen to score the buck, where it was declared world record with a score of 355 2/8 as a 22×21 point. That was held at the American Museum of National History in New York.

Breakdown of the Score

Here is a look at the awesome antlers this mule deer grew as scored by the Boone & Crockett Club: A total of 43 scorable points graced its head, with 22 points on the right and 21 points on the left. The greatest spread is 38 5/8 inches and 22 1/8 inches inside spread. Main beams are 26 inches. Longest brow tine is 4 4/8 inches, with the longest second tine 19 5/8 inches, the third tine is 14 inches and the fourth tine is 12 6/8 inches. The largest circumference is 6 4/8 inches. Total on the right antler is 96 1/8 inches and the left antler 95 5/8 inches for a total score of 213 7/8 inches. It has 6 4/8 niches of deductions for a final typical score of 208 3/8 inches. With 146 7/8 of non-typical points to add, the outcome was a certain World Record at 355 2/8 net with a gross score of 260 6/8 B&C.

The Score Sheet
Score: 355 2/8 non-typical
Points: 22×21
Outside Spread: 38 5/8″
Date: 1926
Hunter: Ed Broder

What was the World Record previous to the Broder Buck?

The Andrew Daum buck was donated to the National Collection of Heads and Horns in 1909 in New York City. The mule deer was just listed as Rocky Mountains, but was later linked back to Eagle Creek, Colorado in 1886. It is one of the oldest trophies in the record book and was officially score in 1951. It was the first world record non-typical mule deer for Boone & Crockett. The scoring system was adopted in 1950 and the first book using the B&C system was published in 1952. The original score was 298 5/8, but was later re-scored when an error was found.

Andrew Daum Buck - Previous World Record
It now ranks #17 overall for non-typical and scores 304 5/8. This buck has held the test of time still being in the top 20 after all of these years.

Decades-long family feud over prized deer antlers finally ends

By Meghan Potkins, Postmedia News April 30, 2012
This is the Chip Lake buck shot by Edmund Broder in 1926. Crowned by more than 355 inches of antler, the head took top prize in the Boone and Crockett Club’s records for North America. The kill has never been surpassed.

This is the Chip Lake buck shot by Edmund Broder in 1926. Crowned by more than

355 inches of antler, the head took top prize in the Boone and Crockett Club’s records

for North America. The kill has never been surpassed.

CALGARY — An epic family feud over a prized set of deer antlers that divided four generations of one southern Alberta family, ended quietly this weekend, with the funeral of the man at the centre of the dispute.

Don Broder inherited the massive deer head — the world’s largest non-typical deer mule trophy — from his father, who died in 1968, leaving no will.

The tale behind the big buck’s kill has gone down in hunting legend.

Edmund Broder shot the buck at 200 yards, after tracking the animal for hours in soft snow near Chip Lake in 1926. It took a herculean effort for Broder and his hunting partner to lash the giant to their Model ‘T’ Ford to be carried away.

Crowned by more than 355 inches of antler, the majestic head took top prize in Boone and Crockett Club’s records for North America.

It’s a kill that has never been surpassed.

“Perhaps one of the most outstanding trophies ever recorded,” according to Boone and Crockett, in the latest edition of their book.

Broder’s eldest son, Don, always felt a close connection to the hunting trophy and took it into his sole possession a few years after his father died.

But when the Sundre, Alta.-area rancher began treating the head as his exclusive property, his six siblings sued in 1997 for its return to the estate.

Thus began a decades-long dispute that saw the family in and out of the courts, souring relations and pitting sibling against sibling.

At one point, Don produced a will allegedly in the handwriting of his deceased father leaving control of the estate to him. But nobody, including Don, was prepared to swear the handwriting belonged to Ed, who had at most a Grade 2 education, and a very limited ability to write.

After losing the civil suit against his siblings, at the age of 74, Don was sent to jail for more than 10 days for failing to turn over the antlers.

Finally, Don revealed that he couldn’t turn over the buck because he had already sold it to a collector in Montana for $325,000.

He regretted the sale.

“My dad made me promise I wouldn’t sell them,” Don said outside an Edmonton court, “I feel bad.”

Today, the greatest buck ever killed still sits in the hands of a Montana collector, but for a family divided, Saturday was a chance to say goodbye to the brother who never quite let go of the past. Don died April 11 at the age of 82.

Don’s son Craig said that in the end, his father blamed the justice system, rather than his siblings, for tearing apart the family.

“I feel sad some days about the deer head, about what it did to the family and how it did it,” Craig said. “As sad as it is, there was no need for the fight. Had it been done properly at the beginning, there would have been no fight.”

Calgary Herald

 

mpotkins@calgaryherald.com

Intestacy and Antlers

Posted on May 24, 2012 by Hull and Hull LLP

Having a thoughtfully considered and up-to-date Will is necessary not only to ensure that your intended beneficiaries share in your estate in a manner that it is appropriate and reflects your wishes, but also to minimize the potential for conflict after your death. This is especially important if you have “unique” assets – such as one of the world’s largest mounted deer heads.

The Ottawa Citizen recently reported a story of a southern Alberta family where litigation ensued after the patriarch of the family, Edmund Broder, died intestate in 1968, leaving his family, if you will, on the horns of a dilemma. Without a Will providing directions respecting how the mounted deer head was to be dealt with, Mr. Broder’s seven children were divided as to who should be entitled to the mounted deer head.

Mr. Broder’s mounted deer head was considered to be the world’s largest non-typical deer mule trophy, comprising 355 inches of antler, making it a set of antlers of almost Dr. Suessian proportions. The deer was shot by Mr. Broder in 1926, and the dear head was his prized asset.

A few years after Mr. Broder’s death, his eldest son, Don Broder, took the mounted deer head into his sole possession and began treating the head as his exclusive property. His six siblings ultimately sued in 1997 for its return to the Estate and, as one might be tempted to say, the hunt was on. The family was, unfortunately, in court for years. The case included a purported holograph will (found to be invalid since Mr. Broder was functionally illiterate and there was no evidence that the holograph will was in his handwriting), contempt of court for failing to turn over the deer head (which resulted in a 10 day jail term for Don, at the age of 74), and the ultimate discovery that the deer head could not be returned to the Estate because it had been sold by Don to a collector in Montana for $325,000.

Don recently died on April 11, 2012. Don’s son, Craig said, according to the Ottawa Citizen, “I feel sad some days about the deer head, about what it did to the family and how it did it … As sad as it is, there was no need for the fight. Had it been done properly at the beginning, there would have been no fight.”

Thanks for reading. Have a nice weekend,
Saman Jaffery

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