Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1878-02-09


health, and we believe died here. Suisse
uuently his widow made a will appointing
DR.. Stewart her executor and guardian of
minor child. Mrs. Perdue then having died
the executor and guardian proceeded to adj
minister the estate. Suit has
now been brought to overthrow
the settlement proposed by TIE executor and
guardian, and Judge O'Gorman yester
day filed the following important orders in
the probate court:
J'robate Court.
Before Judge O'Gorman.
In the matter of the examination of the
account of Jacob H. Stewart, Guardian Of
Charlie A. Perdue, minor, the account of
said Guardian was filed in this court Octo-
Der 9th 1877, and pursuant to orders duly
made, entered and published, came on for
examination on the Doth day of December
A. D. 1877.
Said guardian appeared in person, and by
his attorney, Henry j. Horne: and Warner
and Granger appeared as attorneys of said
minor and objected to the allowance of said
account as presented whereupon the court
proceeded to the examination of said account,
and from the evidence introduced at the
hearing thereof finds
AS FACTS:
That on the 18th day of September, A. D.
1865, Jacob Fl. Stewart was duly appointed
by this court and qualified as the guardian
of Charlie A. Perdue, minor. upon
the petition Of Mary E. Perdue, the
mother of said minor.
That on January I'd, 1866, said guardian
Id yr>f I'm,
of said minor, describing lot four, block five,
Leech's addition to St. Paul, which was ap-
praised by the appraisers appointed in said
matter by this court at the snm of $500;
and on the same day said guardian filed in
this court petition for license to sell said
lot for the support, maintenance and educa-
ton of said minor. That said petition was
heard and license to sell said lot granted by
this court on the 9th day of March, A. D
1866.
That on the 9Th day of April, A. D. 1866,
said guardian sold said lot under said
license to one Stephen Mann for the sum of
$3,5OO.OO. That said sale was reported to
this court on the 7th day of April, 1866,
and on the same day the said sale was con-
firmed by said court, ard the said sum of
$500 received by said guardian as the con-
sideration of such sale.
That previous to March 9th, 1866, Jacob
H. Stewart subscribed for Tin his own nancy
certain shares of stock of the Music Hall as
ISOLATION, commonly known as Opera
House stock, and that he
paid in, on such subscription,
the sum of one thousand dollars. by checks
upon his own bank account in the Second
National Bank Of st. Paul, at the dates and
in the sums following, viz:
March 9th, 1866, $3.50 payable to j. L.
Merriam, ESQ.,, treasurer or bearer.
June Goth, 1866, 1926 payable to Col. Mer-
RAM or bearer.
August 7th, 1866, $125 payable to John l.
Merriam or bearer.
September 9Th, 1866, $125payable to Opera
House company or bearer.
November 10th, 1866, 1926 payable tc
Opera House company or bearer.
December 18th, 1866, 1925 payable tc
Opera House company OF bearer.
December Goth, 1866, $62.5O payable tt
Opera House company or bearer.
January 18th, 1867, $62.5O payable tc
Opera House company OF bearer.
And that there was issued to Jacob II
Stewart three certificates of the stock of the
Music Hall association, as follows:
One certificate of ten shares of $50 each
November 5th, 1866.
One certificate of five shares of $50 each
May 18th, 1867.
One certificate of two shares of $50 each
May Goth, 1857.
That said guardian claims to have made
said investment in Opera House stock fol
the benefit of his said ward, and with money
belonging to the estate of the said word
That at the time said stock was subscribed
for, and at the time the first installment was
paid thereon, viz: March 9th, 1866, sale
guardian had no money in his hands OF TN
der his control as such guardian, and that Ii,
received no money as such guardian prior tc
April 9TH, 1866, when he was paid $500
the consideration of the sale of said lot 81
aforesaid.
That on December 31st, 1868, said Jacol
Fl. Stewart filed i'll this court hi
account as guardian of said minor, subscribed
and sworn to by him, which does not SHOW
that any of the funds of the estate of sait
minor was, or had been invested in Oper;
House stock, nor has there been at any tim
any report or paper filed in this court, pre-
vious to the account Of said guardian, nov
under examination, showing any such IN
vestment of the funds of said minor, no
any claim by said guardian, that such invest
ment had been made for said estate of sal,
minor.
That said investment was considered
good and safe investment at the time it wa
made, but that said stock is now worth no
more than one half its face value.
That the accounts of said guardian on fill
in this court show that he received money
belonging to the estate of said minor, a
such guardian, as follows:
April 7, 1861 from sale of lot as
]
april rs, 1868, interest on money adj
vanced to estate of Mary E. Perdue 2l1 S
Total. $371l
That said guardian did not keep the none
so received by him in separate fund, bu
mixed and deposited the same with his ow
private funds, in his own name, and Dire,
upon such deposits both for his own use an
for disbursements made by him as guardian
and that he used the funds belonging to sal
estate for his own use.
And upon the foregoing finding of fact
the court holds as
CONCLUSIONS OF LAW,
that said sum of one thousand dollars inyes
ted IN stock OF the Music Hall association
commonly known as Opera House stock wa
not invested by said Jacob H. Stewart q
guardian OF said minor, nor for the benef
of her estate; that said Opera House stock
not and never has been the property of sal
estate, but such investment was made b
Jacob H. Stewart for his own private us
and purposes.
That the item in said account, sPaid fc
stock in opera house 81 ,OOO,'' cannot be a
lowed as disbursement made by him, {
the funds Of said estate, as guardian of sal
minor.
That said guardian should be charged i
said account with interest at the rate of SIEVE
per cent. per annum, on all sums received /