Telegram-herald., 1888-09-23
THE WIDOWS MITE
APPEAL FROM THe PROBATE COURT
Case of Importance Piled Yesterday
with tns County Clsrk-1hs Estate
of ). Mortimer smith 10 he
Aired in the SircufS

The appeal Of l.. ID. Carpenter. as attor-
the Probate Court, allowing the final sc-
count OF Nelson w. Northrop. executor Of
the will of Mrs X. "A. smith. was died In
the Circuit Court yesterday. Marie Van
Zsudt is the niece Of Mrs. Smith and the
principal legatee named ia her will.
The return Of the Probate Court TO the
appeal discloses some startling facts. The
final order allowing the account fnd that
there is Sll, ,42l65 cash Ia the hands OF the
executor uninvested. Her petition Tor an
accounting was nled October 10 1887, ana
on January p. 1855. Mr. NOrthrop nled bis
account and was examined upon IL from
time to time till August Il. 1855, when IL
was allowed as stated.
The last account, "a amended dur
ing such examinations. shows errors
admitted by Mr.. Northrop against
the estate running through the
whole administration from August. 1850.
aggregating $4,000 and upwards. These
were from funds received from the estate,
for which be gave no credit in his accounts.
and upon which the Court charged him
interest at per cent, aggregating $,se5
and upwards, which, together with the $40.
900, amounts TO more than the cash shown
to be in his hands by the order OF the Court;
showing that without the investigation and
correction Of errors the estate would have
come out comparatively slim. The Probate
Court allowed the account as corrected by
Mr.. Northrop as above, but Miss Van Zandt
is not satisfied with the order of the Court,
and in her reasons for appeal charges him
with fraud in administering the estate, and
in procuring orders of the Probate Court
allowing his previous accounts; that be
mingled the business of the estate
with his own private affairs, and kept no
separate book or bank account of the estate
business. She filed specifications, asking
that said account be surcharged with items
aggregating s33. 1884, and excepting to
items charged against said estate in the
various accounts. aggregating S5l, 1875.
The probate records show that the estate
was appraised at $6S $50, while the claims
allowed against the estate, together with
those allowed against the est ate of j.
Mortimer Smith (which constituted part of
this estate), aggregate but $i9665, which
added To the sum OF certain mortgages not
allowed, but which Mr.. Northrop claimed
TO be valid liens upon the property of
SIS, 900, make the total of claims about
$34, e65, which would leave the estate worth
/ $33, s74. Add to this the amount of
certain securities sggregating S.. 332,
not inventored at all. which Miss
VanZsndt says the investigation disclosed,
and the estate is valued at $43 208. Yet
upon this state of facts Miss Van Zandt
| states that at the outset Mr.. Northrop in
| formed her that the estate was bankrupt
and suggested that he secure her job"
| whereby to earn her living she being the
principal and residuary legstee. And his
| FIRST account filed December %, 1882, shows
that be had received 50 500 salary as ex-
ecutor. while she had been paid but
Sss5.23. to $29548 of which was for house
hold goods turned over TO her with which
he did not charge himself in his account.
| 1t is well known that estates are habitua II y
appraised very much below their actual
value. and Miss VaDZandt says some rich
Developments may be expected upon the
trial of the appeal.