St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-02-10

CTATE OF MINNESOTA. RAMSEY CoUN-
y ty. ss.-1n the Probate Court.
In the matter of theestate of Norman W. Kit
son, deceased. s
At Special Term, Jenuary 18th, 1890.
This matter came on to be heard this day,
upon the petition of The ST. Paul Trust Conn
pany, as the Executor of the last will and
testament of said deceased, and its account
herewith filed, representing amongst other
things, that said Executor has paid ali the
expenses and charges of the last sickness
and funeral expenses Of said deceased and
the, charges and expenses of The Admins
traitor of said estate under said will SO far as
appears In said account; and has also paid
and satisfied all just claims and demands
against said estate, which have been examined
and allowed by this court as claims against
said estate. and has also made certain ad-
vances to certain of the legatees named in
said viii, on account of specific legacies and
on account OF their distributive shares of the
estate of said deceased, under his last Will
and testament But that said Executor has
not paid allof the legacieS and requests
named in said will. and cannot make the
said account as final account of its admin
1Stration of said estate, by reason of certain
action now pending in the Supreme Court of
the United States upon appeal from the
thesC United States for the District of Mime
sofa, wherein one up. Farley is complainant
and J. J. Hlil, The ST. Paul, Minneapolis and
Manitoba Railway Company, and the said
The ST Paul Trust Com pany, as such Execu-
tor, are, defendants
That said Executor is advised that the
claim and demand of said j. P. Farley, in
VOWED i'll said litigation, amounts to several
million dollars: and said j. P. Farley claims
that the proportion thereof TO be paid by the
estate of said Norman W. Kittson, deceased,
Will absorb all the real estate and personal
property belonging TO said estate. That said
j. P. Farley has never filed in this Court any
claim or demand; either direct or contingent
based upon the matters OF facts alleged in mis-
complaint or amended dill of complaint, on
file in said United States Circuit Court or IN
volVedin said litigation: but that said petit
toner is advised thai said Farley claims that
i'll the event shat he Shall recover q Judgment
IN said eanse, upon the said appeal, or al any
time hereafter, and the Court so rendering
such Judgment shall certify the same to this
Court, tine amountthereof shall be paid in the
same manner as other claims allowed against
said estate; and by reason thereof said Farley
has notlned said Executor TO make no further
payments OF The legacieS or requests under
said iastw1ll and testament and to make no
further distribution or division of the estate
or said deceased, except at its own risk and
peril 'of being compelled to pay any such
Judgment as inlly be so hereafter rendered in
his favor; and certified, as aforesaid, notwlth-
,sthnGfng any such division and distribution
thepeof. among the persons entitled thereto.
. That said Executor is advised that the liti-
gat11n VOWED in SAID appeal will, In all
human probabilityy.be continued for several
years before the same shall he finally decided
and final Judgment rendered therein; and
that many of the legatees and devisees named
in said iastwTa and testament are in need,
and no reason now exists why the said will
should not be executed, and the final &C.
counting had, and the division and diStribu-
ton of the Said estate ordered and made
save and except the pendency of the said
iHllgat1olf upon said appeal, and the liability
-Qf any9 OF your petitioner to be compelled
to respond to any sueh possible Judgment
aIidSfo pay the same out of its own individual
al fho INrn nrfxy
and assets of said estate shall have passed out
or It's handsand possession. by reason OF any
such ffnai division and distribution pending
such liigation. t::-
Now therefore, on the motion and petition
of said EXECUTOR, you, the said j. p. Farley,
D. u. Hill and The st. Paul, Minneapolis and
Manitoba Railway Company and each of
you, are hereby eiled and ordered to appear
before THIS Court. at Special Term thereof
TO be heldsat2t The Court House in the city of
st. Paul, in said Ramsey County, on Monday,
the Eth dayaof February, A. ID. 1890, at ten
O'Clock in the forenoon of that dly then
and there ito. y1aake answer TO and defend
against the said petition, and show cause
iIfsany you have, why the said Executor shall
not pay off and satisfy all devises. legacies
and bequests under the last will and tesla
menf OF said deceased render its final ac-
court and petition for the final distribution
and division OF said estate, according TO said
will. and according to law, and upon the set
Element OF said final account, and the entry
discharged from any and all further liability
and responsibility to the said J. P. Farley,
his heirs or assigns by reason of any judg-
ment or decree which he may at any lime
hereafter recover in said litigation. and which
may thereupOn be certified to this Court after
the date of such final settlement and dis
charge, as aforesaid, or to any or either of
said other defendants named in said litiga-
ton, by reason of any claims Or demands
they or either of them may hereafter have or
make against said Executor, for contribution
or otherwise. by reason OF any payments
which said other defendants, their success
sors, heirs, administrators or assigns. may
hereafter make upon any such Judgment or
decree which may hereafter be rendered IN
favor of said Up. Farley, his heirs or assigns,
in said pending litigation.
Its further ordered that copy OF the said
petition, and of this order, he served upon
the said D. p. Farley, by mailing the same to
his address, at Dubuque, Iowa, and also by
delivery of copies thereof to Hitler H. Horton,
Esq, The attorney of record for said j. P
Farley in the said pending litigation, either
personally or by leaving the same in his
Office In the city of St Paul, such service to
be made upon said Farley by mail, and upon
his said attorney. as aforesaid, within i've
days after the date hereof.
And that q copy of said petition and order
be also served upon the said j. J. Hill and
The st. Paul, Minneapolis i Manitoba Rail
way Company within five days after the date
Further ordered that copy of this order
be served upon.a all persons In any manner in
tepeSteddn the estate of said deceased by the
publication thereof once in each week for
three successive weeks prior to said hearing
In the ST Paul Daily GL6BE, daily public
newspaper printed and published in SAID
Ramsey comfy.
[S$gnedl SAMUEL MORRISON,
iiA -p{ 7a.-a Judge OF Probate
2 - mon-4t-ian2o, 27feb3. 10