The Republican journal. [volume] (Belfast, Me.) 1829-current, 1886-05-27
Supreme judicial Court.


/ 1fe'tt, appcls VS.. webster Treat. Appeals from
two decisions from the Probate Court, on tria
when the journal went to press last week. Col
Robert Treat, of Frankfort, died many years age
leaving large estate, of which his son Webster
Treat was administrator. No inventory of the es
tate was ever filed. After about twenty two years
| time, Webster Treat being in California he sub
mlted his first and final account of administration
which was allowed. This occurred about foul
years ago In order to pay the administration &C
count he pettioned for license to sell real estate
In Bangor. Judge Whitehouse of Augusta ant
Col Foger of Belfast, appeared for the heirs ant
objected to granting the license and also petitonet
to reopen the account The Judge granted the Ii
cense to sell real estate and denied the petition
reopen the account, from which an appeal wa
taken on each count. This was the basis of the ac
ton before the recent term of court. The trial last
| Ell two days and was conducted by Judge White
house and Col. Fogler for the pls., and Littefclt
of Rockland for the deft. Judge Peters reversed
the decisions Of Judge Lamson in the following cX
tended decree
81 find that the accountant, Webster Treat il
| 1860 received cargo of sugar and molasses from
the firm of Treat Co., debtors of the inestatc
an indebtedness of Treat K Co., to said intestate
for which he should have charged himself in hi
| account for the sum of S3,93S0G rs Of the date O
May 9, 1861 and that he fraudulently omitted t,
charge himself credit the estate with tina
amount or any part thereof. The accounts of tn,
administrator and agent are ntermixed,
lie omi~ any credits for the proceeds of sale o
such real estate, the amount Of which cannot b,
very well determined at this hearing. | still fur
ther find that there was exhibited to me importan
,,,.i,I In,
sugar, which the court below did not receive tn,
benefit Of and which WAS newly discovered cvi
dtncc. also further find that the administrator
account was not defended against in the court be
low, through q misunderstanding of both court ant
counsel, growing out of the acts OF the accountan
himself, ami representative of some Of the heirs
which casts no imputation of lachcs upon the pres
ent petitioners. therefore make, in the matter o
said petitioners the following order and decree
namely That the appeal be sustained; the deere,
Of the court below be vacated and reversed to the
| extent to be here stated. the ease be remainder
| 70 the court below for correction of the account
that the administrator be required to charge him
self with the aforesaid item of 81, H3S 06 of til,
date of May ., 1851, proper interest to he recover
ed thereon; that the court below inquire and de
terminc what sums have been received from tn,
real estate 10y said accountant as agent of tn,
heirs, and to allow any such, not already properly
accounted for and that the items in said &C
count for personal service and interest, become
disturbed by the changes required, those sal,
items he opened for further examination and al
loWance or disallOWance; the other items in the nc
count to stand as already allowed
Mayo r. HERMAN, in equity, vs. James Towns
end ~ ais Parties live in Montvillc. In ISlt
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Ho,,,r- and rog,,.r rn,ynr.
N,.oni. Ten,,ln Association, ,nolI 1Ia,ris
= pctition for Injunction f., ,a.tr.,i,, ,.a.non1nr
from closing M n sewer. when thc Masonic TEN
Die WA. buiIt in belfast in ISL nuhlic sewer ,,,r
ming from Cust,rn IJouse so,,o,. across tbo Ton,
Die lot ana ON to fine shor. az tho ha,. was cIo.r
I'M by the BUILDING committee suhscuueutlv tn,
city changed The roursc of thr sewer III divrrtiuo
if from Main ia ~u,in, trret t,,i, ,utti,r or fl,
oIJ srvr,. ahoy,. IIi,b .trant An ~, ,i,.,i,,,o,
fran, ,b 1ouo,la o,,,,tic. int, tbo ,Il .oo, b;n,
,,,,s .,,,. ,,,I Ne ,o.,nn,I,,t NJ rJ,,.i. cloi,,,
Tim, tI,. I,. from, ,I,, o.o,. j. ,;,,,i ,,i =,
furious 10 health; that the Association agreed il
li,.,,ti,,,.. !, - l,,,. h ,,,t.I g., ,,iI1 ,,, +1
III ,,.ito. i, o,t,,d -. s+o,., .,,,,s H.,
sewer. and fnrcatcrs to ,Iosc it The nntitio,nr,
claim that the sewer i. a public one ana has beer
for more than half il century: that respondent did
not Object to it, ana that no promise to discontinue,
it WAS made The ease gocs to the Inv court on 70