The Jeffersonian. [volume] (Stroudsburg, Pa.) 1853-1911, 1853-06-02
ImD0rtant Decision,


Another decision in relation to the
much Etigated estate of the late Peter
Miller, Of this place, has just been made,
which, by reason of the amount and prin-
ciples involved, has attracted no small de-
gree Of attention and public interest 1t
is generally known that Mr.. Samuel Will
helm, who was an executor and trustee
under the will, made contract in lS48,
with the Heir at law, by which, in case
the will should be invalidated, the nett
proceeds of the estate should be divided
between them, Mr.. Wilhelm contending
that in case the then claiming heir at law
could not establish his pedigree, he (Mr.
w would then be next of kin and heir
at law himself This agreement was not
made known at the time and Mr.. Wilhelm,
as one Of the executors, appeared and de-
Tended the suit brought by Peter Miller,
of Ohio, as the heir. The Supreme Court,
in that case decided the viii to be void,
and the large real estate of the deceased
was thereupon divided, Mr.. Wilhelm ta-
king a nett share said to be worth over
100000, and retaining in his hands a
portion Of the personality, after payments
made for expenses and distribution. His
accounts as Executors and Trustee were
fled including, of course, only personal
estate and the rents Of the real estate be-
fore the division. The heir at law in the
mean time had died; Mr.. Wilhelm by
his distribution OF these accounts, brought
his administrator some 81 400 in debt,
after deducting payments.
These accounts were referred by the
Court to Messrs. l. c. Wikoff, George
W. Y ates and B. T. Arndt, for re-settle-
ment and distribution; and the parties,
as we are informed, having confidence in
the we'll known and acknowledged expe-
rience and ability of these gentlemen,
made an agreement that their decision
should be final and binding, without ex-
ception or appeal. Besides many impor-
tant and interesting questions in regard
to the items of the account, Mr.. Miller's
administrator contended that Mr.. Viii
helms contract for the division of the es-
tate was Illegal and void, for many reas-
ons oflaw and fact, which eshall not stop
to specify, and that Mr.. Wilhelm was en-
titled to no share in the distribution. The
hearing the arguments of counsel and de-
liberations of the Auditors have occupied
some two years and half, and on Friday
last the report was filed, covering $50 very
close manuscript pages, evincing tits said,
an amount of patient labor and skill as ac-
countants, and an ability and thorough
ness of legal research, rarely if ever be-
slowed in the capacity of auditors, and
rejecting great credit upon its authors.
This report arrives at the conclusion that
the contract by which Mr.. Wilhelm claims
half the nett Estate is null and void, and
that he is entitled to no share in the dis
tribution, and finds balance due by him
to the administrator Of Peter Miller of
Ohio, of over $4,000, beside balance
yet due to Messrs. Porter and Jones, the
original counsel, whose claim as distrlb-
utors was not at all disputed. Mr. VIII
helm, we are informed, denies the fnali-
ty of the report, as to the distribution and
will perhaps, contest it. The proceeding
has been conducted with much ability by
a. Fl. Reeder, Esq, as Counsel for the
Claimant and by Gen. Peter Ihrie, as
Counsel for Mr.. Wilhelm.--EaStOn ArguS