Former Scott County resident Fred Potter filed a lawsuit against his niece, the executor of his late wife’s estate, on Thursday, September 3.
The family has been involved in several long and drawn out court battles over issues of the estate. Recently, however, the headstone of Fred’s wife, Betty Potter, was removed from the gravesite at Pilot Cemetery near Waldron without the knowledge or consent of Fred Potter. That headstone, paid for by Betty Potter’s trust, had the names of both Fred and Betty engraved. To date, no criminal charges have been charged in the case. Fred Potter has filed suit in a Scott County Circuit Court.
In that lawsuit, Potter’s attorney, Kenneth Osborne states: “Betty Holmes passed away January 3, 2013…and that on or about April of 2013, Fredrick Potter and Cassaundra Holmes went to Ocker Monument Co. in Van Buren… Potter picked out the headstone he wanted and designated the dual engraving Fred Potter and Betty Potter…Holmes as trustee…paid 50% up front for the purchase of the headstone…Ocker Monument delivered the completed headstone on July 22, 2013…family members were present at the graveside…That headstone was placed on the occupied gravesite of Betty Potter and the adjacent graveside which was reserved for Fredrick Potter to be his final resting place…July 22, 2013 Cassaundra Holmes, Trustee…paid Ocker Monument Co. the remaining balance…Subsequent to this date, the parties became entangled in a hotly contested legal battle. On June 26, 2020 Fredrick Potter drove to the Pilot Cemetery and discovered that the dual headstone was gone. He further discovered that Thomas Wright was buried next to his wife in the gravesite that had been reserved to be Fredrick’s final resting place. The gravesites to the left and right of Betty Potter are taken. Fredrick Potter would have to exhume his wife’s body and remove it to another cemetery in order to be buried next to his wife…Thomas Wright, Cassaundra Holmes’ father…prior to his death had already reserved a plot for himself in another part of the cemetery…Holmes caused the dual tombstone to be removed from Betty and Fredrick’s gravesite and had her father buried next to Betty Potter in Fredrick’s spot out of spite. Kevin Holmes (Cassaundra Holmes’ brother) was present when the headstone was removed. Kevin Wright assisted Cassaundra Holmes in removing the headstone and directed the grave digger to put the headstone on his trailer. Kevin Wright then hauled the headstone away and no one has seen the headstone since. Cassaundra Holmes ordered a new headstone using funds from Betty Potter’s trust. Cassaundra Holmes is using funds from Betty Potter’s trust to finance her spiteful actions against Fredrick Potter…Holmes has proudly boasted about the above actions going so far as releasing a public statement admitting her conduct.”
The lawsuit goes on to express the outrage, damages and violation of Potter’s rights because of these alleged actions. Potter is seeking $1.5m in compensatory damages and $2m in punitive damages.
A summons was issued to both Holmes and Wright on September 3, 2020. To date, there has been no response filed by the defendants.
Potter has filed another case in Crawford County petitioning the court for an order allowing exhumation of his late wife.
