, 1875-07-07
AN INTRICATE CASE.

ALLEGED WAITING OF AN EsrATE.
Judge jameson has been engaged for tho past
week in hearing All intricate chapccry cano OF
tsaheo solushury o. al. vs. DR.. C.V, Dyer
aud othc1a. According to tho bill ono
1homaa Floyd in 1854 died intestato,
leaving EnRi ostate worth hbont :s.ooo
stock OF hardware valued ut ovor ?53,oou, BE-
eltles notea aud accounts to tho au''nnt Of
270oo. His debts amounted to nbott *a5'ooo.
Jauo Floyd and Robert Malcolm wore appointed
administrator aud ADMINISTRATIVE, md gavo tie
usual bond for tho faithful performance Of their
Duties. 1n 1861, aitnr thoy had sold tho gressor
part Of Fioyd'a pnrsoual property 10 J. II.
Eioyd and Jamos aIalcou,, these administrators
yere ron,oyc1 TOT maltoaasnco III Office aud II.
L. nuckos appointed III thoir stoaa. Tho latter
Also paYe bond, c, Y. Dyer md B. $. Morris
being hts suretlcs. Tho complsifants charged
that Dyer Immediately Ut, she first administrations
taking charge Of Tie e8tatc with taor couaont,
tack possession OF al tho docodout's property.
claiming ho Was on thnir bond, nni proceeted
to act as their agent. aud In fact ~ trustee Tor
tho astato that he has received largo amount
Of personal property from tho aatalo aid haa
converted It to his own use Of allowed It to lIo
sold under incutnbrnnco 30 that 1t Was lost 70 Tho
cststo, Tho bill then sets out large number Of
INSTANCES in which Malcon and .Tane FLOYD or
lucker Ind wasted she estate and al!oTnA donts
to 10 lost wlten hy tho akercise al duo diligence
thoy might hhso been hafed. CoMplalnanta
who alego thai Dyor, while acting - such
agent, or power behind tho throne. used bis ill.,
aenco e buy up tao &Tenss6 paft o. , to elana M
dollar, paying for thom out OF the aasots OF tho
estate til Ills bands, aud thas there Is still owing
by tho administrators or W Dyer TO tho estate
tho sum Of =. least ESQ GOO, collected OF received
from Rales Of tho property. and tho further nuni
Of 975,OOo damages Sustained by tho wrongful
acts of Malcolm, Jauo Lloyd, and Fucker, for
Which Dyer IN responsible az llondsn'an. to-
gothor With D. S. atosris and Isaac speer WHO
Ioined with him on tho bond.
II is also chargod TINT Dyer. when 10 paid tho
debtA took an aasignmont Of them to himself,
and then charged thom at their full faec-val'io
hgxir.st tho estate. An account was aaaat'. a.!
that tho doteudantB should he made to my for
tho damages caused to tho estate by tho uegli-
CONGO Of their prlttcipuls.
d.. Dyor Aiod a lctigtlly answer. downing his
liability on the bond .of Malcon aud jane Floyd.
stating that ho only signed it on tho understand
ing that j. II. Roes was to be hs co-bondatnan.
n,itl as that condition was not fulfilled he was
not bound; shat The claims agatnst Floyds o.
tato wcrc. rs stated. about s45, ,o90. while
:le aaseta "s5o much n,a less' %,c,,taa 70 that
| insolyent Ey tho County Court; that the claims
| wcre not paid IN full. but onl5 In proportion.
mud Tint lie himself owned tile greater part OF
,lcn--tAat ho bought them IN his o"n behalf.
Dr.. Dyer also stated that suits were brought
! against him on his bond, but that mono OF them
Ind beon tried. Rucker a!so bcguu suit on thu
| bond, claiming mismanagenent on tho part OF
| Malcolm and James Floyd. for wh!ch tho security
WAS liable. but tho suit was ultimately settlod.
Dr. Dyer dcnns asl allegations ot 1Eal;d' ostnes
on his own part or that Of hiH principals, nj far
u he knows.
Thu trial has lasted nvor week. and very
lnrgo Dumbcg OF wituosaca hnyo trrtiiicd, either
| oraiiY or by dep1sitfou. Among thcti are 4. Z.
IIo.ing, ]. s. 10 Moyne, Jadgo Eradwclt, and
Ducknes 8. Morris, and tho 6yidenco viii prob
ably be closed to-day. James Felch appeared
for tho cnmp,ainants aud Judge fEumbull aud
| White i Clarke for tho defendants.