Cincinnati daily press. [volume] (Cincinnati [Ohio]) 1860-1862, 1861-11-27

erty there. They caused an Inventory to be
prepared by the persons selected by them, by
direction of the Will.
Upon the 18th December, 1859, they filed
their account showing:
OoBE0o oS
Balance on S',S93 SO
On the Sd November, 1860, the second ac-
count was filed, showing:
70
46S72 II
Balance on hand S693 s.
They credit themselves with
Statutory 204l 43
hAtIA oOUOV w
Total...., S32,04l 43
The second account was subsequently with
drawn, and an amended one flied January 23d,
1861, in which The credit to Executors of $780,
900 is stricken cut, and the amount left to be
fixed by the Court.
Upon the 9th of July, 1861, the City of Gin
cinnati, by her Solicitor, flied exceptions to the
account, and upon the 9Th, upon motion of the
Executors, the Count referred the account and
the exceptions, and the motion for compen
sation for extraordinary services, to John L.
Miner, q special Commissioner, to take any tes.
timony that may be offered before him by any
party in interest, and report the same, together
with his fndipgAand conclusions thereon.
Upon the 1lth Of September, 1861, the special
Commissioner filed his report, together with the
testimony taken. The exceptions were over
ruled by the Commissioner, and as to the mat
ter of extra compensation, he finds: Chat
Messrs. HeWson and Crossman, from the time
of entering upon their duties until the Sd of
November, 1860, the time of fling the las. &C
count, is each entitled, by way of extra com
peDsatien, to the sum Of s. 9S6: and F. G..
Carey, the other executor, 10 the sum Of So ,486,
upon which be has received the sum of $3.50 II;
L.I Qn.D NAkoI oIa
$1S,45S. The City of Cincinnati fled her ex
ceptions to the Commission er's finding, and the
matter was heard upon the exceptions. The
items of the account to which the exceptions
by the city were filed, appear by the testimony
reported to the Commissioner to be explained
and su tsiued, and the exceptions were not in.
sisted upon by the city, excepting in reference
to extra compensation to the executors.
In view of the fact that the estate to be ad-
ministered upon is very large; that the com.
pensation originally claimed $3.50, ,000) is large;
that the people Of the city of Cincinnati are the
beDefcisres of the bequest and heirs of Mr..
McMicken, I consider it only just TO the Execu.
tors, the children who were intended to kbe
blessed By the endowment, and also to myself,
to inquire with some minuteness and some free
dom into The services rsn dered, and to the claim
made by the Execute s for the same; for, al.
though the claim is ormslly Withdrawn by
fling the amended account, omitting the item
still in their dispositions taken by the Commits.
sieners, they aver under oath that the charge
made is only reasonable and just.
OF what did the estate conEisi?
cash, &C., &c and real estate situate in the
Sta es of Ohio, Kentucky, Illinois, Texas, Lou.
itiana and Missouri.
There were also divers Etigations pending
at the testator's death, to which the executors
became parties; and divers others were insti-
tuted after his death, either by them or against
them.
The personal property was reduced to cash,
and the proceeds, together with the rents, ap-
piled to the payment of debts and Iegacies.
The real estate was taken care Of, aud the
| rents collected up to the LIST of January, 1860,
when it was surrendered to the City of Cincin
natl.
1t appears to have been in a neglected con
| dirion--confusion among the accounts of the
tenants-part of the property vacant, and
much needing changes and repairs.
What extraordinary services, not required
| ef an Executor in the common course of his
duty, have been rendered.
The depositions of Judge Warren and of the
| Executors state, at length and minu,ely, che
| services rendered-and the amounts named by
| the several Witnesses as extra compensation
have been fixed after reading this testimony.
1t is said that large bond was required
|
giving it.
A bond is required in every case, and itl
amount is determined by the amount Of prop
eIty which may come into the hands Of the
Executors.
The bond here was $15O, ,OOO-the personal
property 500 900; the bond is then proportion.
ate-as to obstructions-partieulArIy as to the
amount OF bond or character Of the security on
the part Of those interested, is no cause Of
| COMPLAINT 10 the Executors; much less To enti
tie them to demand extra pay.
Again, 1t is said the will required an inven.
tory to be taken Of lands in Texas, Illinois
Missouri, Louisiana and Kentucky.
No inventory iOds taken Of lands in eithe
State, except Louisiana-and in regard TO thi
let us inquire.
Mr.. Carey made two trips to New Or
leans, taking with him Notary Public anI
two appraisers, as asprovided in the will-ant
much is said In the testimony ofthe great peri
he was subject to, in health and life, eVenI from
plague and civil war. The exigency of tn
case does not seem TO have been such as h
require him to brave either-nor does the tes
timony show that he did brave either, to- a
extent 10 quite justify 30 much being said upol
the point, much less making 1t q ground 70
extra pay. His life and health are certainly
very valuable TO him and his family-andl n,
man is sjuSti6ed in risking either largely, exoep
the exigency be great but never for pay
merely. .ft. .sr-. T.
The account shows payment 70 l.r.. ..a
y. G. Carey, on account o. the expenses TO
isS, 70 JSnIsry 70, isse tie sum o. of......slIss
To the Appraisers who accompanied him...-. 100
Making total Of.
For all services rendered in this regard, thi
might be thought a liberal allowance.
Again; they borrowed money upon theh