Idaho semi-weekly world. [volume] (Idaho City, Idaho Territory) 1875-1908, 1882-02-28
lie pRICKETT'S DECISION
m THE STOKES CASE.
Richard Stokes.

appears from tuc uoouiloh"'iJ
orcord evidence introduced on the
no of this matter. that on the
day of October, 1879, one Mi
Nolan, late Of this county, died,
'e. That in and by his last will
minated the petitioner, Richard
ps as the sole executor thereof,
was provided in the will that
pud should be required of him as
executor.
due course of time petition was
in the Probate Court for the ad-
lon of said will to probate, and
letters testamentary be issued to
ioner. Upon the hearing of that
ion on the 10Th day of November,
the will was proved, and the
of the estate was estimated at
s3,25O and $500. Jonas w.
In, ESQ.,, having been appointed
ttornry for the absent heirs Of the
ased, appeared in their interest
consented to the appointment Of
Stokes as executor, provided that
lave bond to the amount of the
e of the estate, and the petitioner
ing no objections thereto, it was
red that he be appointed and that
"$rs be issued upon giving bond in
bum of 5000. On the 29th day
November, 1879, the petitioner ap-
led in said court and either de-
ed or stated his inability
Eive bond, and the Court re-
ed the order of November Oath
letters testamentary issue to him.
b the 10th day Of September, 1881,
he petition of Margaret Conner,
umably one of the heirs, Richard
kes, the petitioner, appearing and
citing thereto, lsidor Smith was
pnted administrator of the estate
ichael Nolan, with the will an
ID, and letters of administration
tEereupon issued to him as pub
x administrator, he being snch by
be of his Office as County Treasur-
b the 2lst day of Sep. 1881, Isl
Il Smith as administrator filed his
H<plaint in the Probate Court. under
alleging that Richard Stokes
In his possession a certain bank
i which discloses that said estate
htitled to $4,000 and more, on de-
in the Hibernia Bank at San
Nhclsco, Cal +; and other papers; al
honey and property belonging to
" estate, which he refu sed, after de-
|ald, to deliver up. Upon this peti.
2s Y a citation was issued requiring
n N Stokes to appear and be exam
" touching the matters alleged
a gAlnSt him in the complaint. He
Ppeared, and after an adjournment of
hi @examl 'ation by stipulation, on the
y day OF October last the examina-
VI was commenced. He was asked,
;Mrst. Have you in your possession
Mnk book belongin to the estate of
egnael Nolan, deceased? Answer:
@cond. What bank issued that
w! Answer: The Hibernian Loan
Il Savlngs Society, of San Francisco,
l(fornia.
hlrd. What is the number of that
and how much does that book
was deposited in the Hibernlan
BY Michael Nolan, deceased?
wer: Cannot tell the number of
pook. 1t shows $4,000 deposited,
700 drawn from that; do not
when the money was deposited
when the $3.50 was drawn.
&Ecurth. Is that book in your pos
ION and under yonr control? An.
E:: 1t is under my control, but not
a IN my possession.
&lltn. DO you know where that
e book is! Answer: Yes.
Ath. Where is that book?
n's last question the petitioner re-
eoly refused to answer, although
Efed to do so by the Court, where
ne was adjudged guilty of con-
". and was committed to the coun-
", There to remain until he shall
Pelit TO answer said interrogatory,
&htIl the further order of that Court.
''as remained in custody, thence,
~ 10, and now seeks To be dis
yea npon a writ of habeas corpus.
return Of the Sheriff, to the writ
H. I