, 1879-07-29

aEntnst tic tlnat accounts Of tho dofondants 40
executors Of The last will md testament OF IL.
II. Taylor. For tho plaintiff there appeared
Messrs. s!dne} Smith and 8. NJ Millatd, and
for the defendants, two OF whom wcro Ia COURT
Mr.. Wlrt Dextor. .-.,
The objections covered tx or seven pages OF
closely written MATTER which, stripped OF their
legal vorbiugo aver: ...
That the accounts als incomplete hno 'n''f'
That sald nsceu.ass did mol de ths n;,qnet A. ,o
count foF November, 1873, az rcuaifed hy saw.,s, saw
That co. charged acainse sala Moc!a,%. 1es
G. Co!lina ~ personally 10 k'no' '"' '''>'
at shs IA Illegally charmed with one tlta sn.1 % %
certain sums 'is'n1'ea tnt 81 te tsnstces and
ioss on f,oyer1irncnt bonds purchase! ~ Inc ex.
ecutors With fulds OF the eaeatc r. ~ esnr
81, sst 65,--the 'asl-men''on'o ''e'' '''"s 49,
XII tho said Adelaide G Collins oeles to ths ne
;ns.fe Of ia @ thc .a,@ % ests a. s1orStant
hecsnse tte lsoor WA mainly performed by slstks
.:a 1T Tho e1sssof: n.tn soset
ssca National HANK sIgs portion 2, we,Ga snia
eIecu,ora nrs large stockhoiders. md no interest
hsa eycr bccn allowed to said estaae for Tho use OF
That saii executors or Stockholders Of said bank
haye derived large pro6ts from said money.
That said oxecutDrs h4vo Lost for saM catate
~ whoh Iosses tGcy seek 10 charge sgans. said
Mrs adelaide o. Collins.
That e s9a Sfd y be 10 ee esfSe
That fee Of sfo, 900 q the exseuto1,.' ine'ua,,
liberal allowance, which ahc. IN her own right, 10
willing shonld b charged sgainst the ostats.
Mrs. coLL1Ns ALLKoEs As BulerHRR oB5Kc-
T1OF5
Tint tho Executors retained and Tefused 70 ray
SEC, 5O0) from Sent. Ii, 1876. 70 June e7. 1873.
That after tho executor. vera ordered to pay he:
hMes M share ior n,ns months, refusng TO nay unless
e4o wonld gro 4 receipt In full, nrprnvtng thar
seeonas .s .hen Ge whefein s5 .ss enSfxea Ha
I'd for to her, which they retained until brought
'oto Sphf' he ,ad afa1 Adasde cons cas Aud inssa
| upon iritereat from tho executions on the sum of
500. lB7.42 iron, sent IT, ls7t: 70 Dune u 1S7s;
i;c frs ssn| Sa1s e. III 10 June *
Which sums wcra illegally w,thhoid from her dur.
ing tho respective times mentioned.
TALK.
After some spnrring between the legal gentle.
men. in the course Of which Mr. Dexter askef!
half an hour bcforo been filed. and the Court
suggested That somo one point might bc taken
Up shen md there 70 sayo time NJ. Geosgs s,c;
H,on o. banf Ga'sf sa sseroary 8. 9 d s
eeutoss, was called "a The stand
to explain certain items Of expenses, such a.
bills Tor lcgal services, etc. Altcf, getting
| through With this branch, tho counsel for tht
pJaIntIfr tackled the item, "loss on Government
| bonds, &23, TO B5," wh!ct, had beeu charged Ut
against the estate previous to the partition o
the estate.
nc legal deba.e was at times inclined to b
| slghtly acrimonious, and onco 1lr. Dexter 1el
called upon to personally resent tho declaration
OF opposing counsel, and insist u'at the trustees
llad no factfous fight TO wage, ~ they would b.
perfectly contcutcd with whatever rulings tina
the Court wonld make.
The Court ruled that the executors Htthou
order Of Court Ind no right to invest the th1t'
OF the estata coming to the widow, and lila
their action In doing 30 Was ultra wires. .Hcnc
her share could not bo charged with any losse
| RcctuinE from the iuvestmeut.
The defcndsnts' counsel gracefully accepte,
the dtctum Of the Court. anu, after futile Ut
isfactorY settlement OF the item. the Court Gu
thn Gordian knot by ruling TINT, as the S5O. .O1
tn United States bonds which bad been given !
the plaintiff In part payment Of her share Of til
cstate had been charged up to her at pnr mn
accrued interest, It would be we'll enough to Il
tho oue-thErt OF the loss on the Investment stant
and place on the other side Of tile account, as Q
offset thcrcunto, the premium a. which II
bonds were selling when they wero turned oys
10 about 81, 400. Tile Court took this t1lehns
arriving at a solution Of the question, on u
ground that the remaining two-thtrds Of t
| estate could not be charrenble with tho tot
| loas, and that 1t conll not ba enforced again
| the executors.
] The hearing will be resumed this moeus1
at 1O:80 o'clock.