Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1879-10-22
TIE ROGERS ESTATE.
A Hearing of the Dispute Between the Ad
administrations In fha Prohata Court

A Hearing of the Dispute Between the Adj
ministrators In the Probate Court.
The hearing on the application of D. W.
Wellman, co-executor of the estate of the
late Hiram Rogers, calling upon w. D. Rog-
ers for report of the receipts and disburse-
ments received and paid by him as one Of
the executors of the estate, came before
Judge o. German at 9 o'clock yesterday af-
ternoon. MIR. J. M. Gilman appeared for
Mr. Rogers, and Mr.. G. j. Thompson con-
Quoted the proceedings in behalf of Mr.. Well
man. The case was opened by Mr.. Thomp-
son, who called attention to the report filed
by Mr.. Kogers on Monday, an account of
which appeared in Yesterdays issue of the
GLOBE.
In referring to the report, counsel said
that he objected to the report being received
as report for the reason that it did not
cover the requirements as contemplated by
the law. The statute provided for COM
plete report, and the statement en- file was
very uncertain and indefinite. The order
called for an explicit statement of the re-
ceipts, and the report gave such items as
insurance, $780," and "June rents, $780,"
without explaining who the money had been
received FROM, and in this particular it Hacked
all the elements of q report. The whole re-
port was objected to for the reason that the
accounts were not itemiZed, and the court
would be requested to order the administra-
tor to prepare definite report, accompanied
by vouchers for all the disbursements.
In disbursing money belonging to the
estate, Mr.. Rogers had exceeded the law
and authority and had shown himself in
competent for the trust. He had paid out
$4,000 at his peril, and should be required
to show the vouchers, and that the money
disbursed was paid on valid Indebtedness OF
the estate,
In reply, Mr.. Gilman said that the orde,
simply called for report showing the re-
ceipts and disbursements, and the admin
istrator had complied literally with the or
der. The report answered the order of the
court, and if additional information was de-
sired, he could issue an order to that effect
The order called for the amount of receipts
and disbursements, and the administrator
was willing to furnish dates, names
and details if requested by the court
Whether or not the disbursements were
wrongfully made did not enter into the
question, that point could be determined af
forwards. The order called for showing Of
the receipts and said nothing about who
they were received from. The court sale
that the object of coming before the cour
was to show the receipts, which should have
been itemized. The amounts received from
each tenant should be shown by an itemized
statement. Mr.. Rogers explained that il
was difficult to come at the exact dates OF
the payments, for the reason that some o.
the bills made out at the beginning of the
month were not paid until the 10th" or 2Otl
of the same month.
The court said that an itemized statement
would be necessary, from whom received ane
the accounts, and the examination if neces
sary could take place afterwards. After .
short discussion the time for filling the state
ment was fixed for next Friday at 2 O'Clock
An affidavit was filed by D. w. Wellman
embodying a statement of the persona
property left by Hiram Rogers, not hereto
fore returned in the accounts. The affida-
Wit named q lot in Wabashaw valued at 800
cash in the German American bank and 6
quantity of household furniture.