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

paid for, the Executors do not, of course, ask or
expect any compensation, ordinary or extraor-
binary. There has been paid to their clerk the
tum Of SO, ,300-and balance still due to him.
to their regular Solicitor $3,O0O-and perhaps |
balance due sl |
To other Attorneys, the sum of.......... SI4I7 90
Making total Attorneys fees..........." 77lI 90
oSleetins Tent g. Brown isi S
w. Nj. + Hewson .. ..,..... l,Ol2 Ga |
Commission, selling Stocks, W. NJ. f. Hew-
ExpsSScS to New Orleans 1ass s.
Adding Clerks $500 90
Making ''.'".Sl5,25l 81
1t is claimed that the largest portion of the
time of the Executors was devoted to this busi-
nesv-Mr. Carey having abandoned his position
as President of a college for the purpose, and
having declined to accept handsome and re-
muneiative similar position rendered to him, in
order to give his time TO the execution Of this
tIust. If he were moved by the promptings
and convictions of sacred duty to the public
and to his lsmented departed friend to enter
upon and discharge this high and holy trust,
it were not well to despoil all by asking for
pay, but rather let the approvals and commen.
datiops Of his fellow men be his full and great
reward. If, however, it were a calculation
with him which position would be most profta-
Bile, there is no just cause fer him to complain
if the event does not justify his anticipation; it
was calculation Of probabilities, such as men
make in every enterprise.
Mr.. Hewson claims also that so much of his
time was occupied that his own business suf-
feIed very greatly. think, however, this is
very problematical.
have, however, this to say to these claims
Of both Mr.. Carey and Mr.. Hewson: that if
they discovered the business of tho trust re-
| quifed from them time which should be given
to their private business or avocations in order
| to prevent serious and permanent detfiment
| thereto, it was their duty TO themselves to have
resigned, and permitted others to be appointed
| who had the time to give-since to execute the
trust did not require qualifications which they
| alone possessed.
They should not be allowed to charge upon
| the estate any losses, real or imaginary, their
private business may have sustained; aud the
| public has no right to require such sacrifices
| of citizens whose time or means do not permit.
1t should be borne in mind by all that the
estate represents the lifetime of Charles Nc
Micken-it is the accumulation and results of
seventy six years of enterprise, toll and labor
Of economy practiced-of pleasure denied-of
| geperou' mode of life ignorsd-of sacrifices
enduIed-alI to "gratfy the wish of his heart"
"the single object of his life."
The heirs are not the children, the brothers
| and sisters, the relatives or friends of Mr.. Nc
Micken, but they are the poor white boys and
girls Of the city of Cincinnati of to day and the
future, to give to whom good English educa'
JlOn I1lb property 10 uOuHL6ut 4uls Iuuu 10
| theirs, and every dollar by which it is improp.
erly diminished is to that extent a lesseniug of
the privileges and a deprivation of the bless
| ines conferred. It lessons the fullness of the
instruction and the number of the participants
| during every year for all time to come. 1t is q
sacred fund, to be guarded with sleepless eyes,
and to be blessed of God and mana high and
| holy trust, to be executed by pure and just men
only. One of the Executors, Mr.. HeWson, ex
presses the decided opinion in his testimony
| that the allowance made by themselves in a
| former account (to-wit: $50, ,0O0) Is only fair
and reasonable. can not agree with them.
| think 1t very unreasonable and very enormous,
and to allow it would be to them a misfortune
to be so connected with the trust in the memo ,
ries of the poor white boys and girls of the
present and future, whose property this is.
What are the extraordinary services? Taking
| an inventory is not. Making sales of stocks
or other property is not. Making out accounts
is not. Collecting notes and accounts is not
Paying legacies and Judgments, annuities, OF
other claims, is not.
These are among the ordinary duties of all
which our Statute provides a rule of compen-
sation.
In the present case, these services have beer
performed not by the Executors in person, but
by agents, clerks, collectors, &c., who have beer
paid by the estate
| IL m)RnC DC QueBtlOnhDl0 Wn6Jner tue sums
paid such agents and clerks should not be de-
Quoted from any allowance made TO the Execu'
tors; at any rate, it vastly weakens the equity
aud justice Of their claim to compensation fol
extra services, when the ordinary services havt
been performed by agents, and paid for by th'
estate.
What extra services were rendered by these
Execu.ors9
The large bulk of the estate consisted o.
real properly, situated in the States of Ohio
Louisiana, and several others. The Executors
took possession of this, had it appraised.
appears to have been of various character
and in various condition as to age, title and 70
pairs, of which the Executors had to inform
themselves by such means as they could com
msDd.
The accounts of the tenants were in confu
sion. A personal examination had to be mad
to ascertain what part Of the property shoult
be repaired and improved, and how.
A portion Of the Main street property, owinl
to an adjoining improvement, was the cause o
great care and anxiety,
The improved property had to be insured
and taxes paid.
The general accounts of the decedent wer
not in such a condition that strangers couIt
easily adjust or understand them. There wer
numerous and important litigations pending q
the death of MoMicken, which had to be ex
amined as to questions Of fact and law in
. VolVed, with but little aid from the papers 0
decedent. Lidgadons were instituted de
manding the time, care and attention of tn
Executors.
The legatess and annuitants were numerous
and by one or more suits were commence
against the Executors. One or two visits
New Orleans were made in connection with tn
, property and litigation there.
These are among the most important sery
ices rendered that DO not devolye upon an q
, ecuiof T'in the common course Of his duty"
The rents, however, Of the improved prop
, erty were collected by agents, and the sam
services in relation to the real estate has beer
since the Trustees come into possession of 1
performed by them and their clerk, at cost {
about $500 per annum.
should mot omit, too, TO say that the E1
eeutors had to frequently make communication
and reports to the City Council. These, hoW
ever, their Clerk and Solicitor prepared an
attended to.
: What, then, shall bs allowed for ths'
5 services?
) A number Of the most respectable member
Of the Bar have been examined, and their teE
timony repor'ed by the Commissioners, IS
J the value Of these serVicss-BO that WhAtsV'