St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-02-03

STATE OF MIN NESOTA, RAMSEY COUN-
- ty, ss.-In the Probate Court
In the matter of the estate of Norman W. Kilt
son, deceased.
At Special Term. January 18th, 1890.
This matter came on to be heard this day,
upon the petition of The st. Paul Trust Com
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 all 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 i'll 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 adj
yanees to certain of the legatees named in
said will, on account of specific legacies, and
on account of their distrihutive shares of the
estate of said deceased under his last VIII
and testament But that said Executor has
not paid ali of the legacies and requests
named in said will, and cannot make the
said account as a final account of its admin
istration of said estate, by reason of certain
action now pending i'll the Supreme Court of
the United States, upon appeal from the
Judgment and decree of the Circuit Court of
the United States for the District of Mime
sofa, wherein one j. p. Farley is complainant,
and j. j. Hill, The ST. Paul, Minneapolis and
Manitoba Railway Company and the said
The St. Paul Trust Company, as such Execu-
tor, are defendants.
That said Executor is advised that the
claim and demand of said j. P. Farley, in
volyed 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. Kittsou, 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 or facts alleged in his
cOmnlaint amended Mill Of Ot ON,
file in said United States Circuit Court or In
volved in said litigation; but that said petit
toner is advised that said Farley claims that
i'll the event that he shall recover a Judgment
in said cause, upon the said appeal or at any
time hereafter, and the Court so rendering
such Judgment shall certify the same to this
Court, the amount thereof 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 last Will and testament, and to make no
further distribution or division of the estate
of said deceased except at its own risk and
peril of being compelled to pay any such
Judgment as may be so hereafter rendered in
his favor, and certified as aforesaid, notwith
standing any such division and distribution
thereof among the persons entitled thereto.
That said Executor is advised that the liti-
cation involved in sad appeal will, in all
human probability, be continued for several
years before the same shall be finally decided
and a final Judgment rendered therein; and
that many of the legatees and devisees named
IN said last will 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 distripu-
ton of the said estate ordered and made,
save and except the tendency of the said
litigation upon said appeal, and the liability
III any OF your petitioner to be compelled
to respond to any such possible judgment,
and to pay the same out of its own Individual
assets and property. after all the property
and assets Of said estate shall have passed out
of its hands and possession, by reason of any
such final division and distribution pending
such litigation.
Now, therefore, on the motion and petition
OF said Executor, you, the said j. p. Farley,
J. j. Hill and The ST. Paul. Minneapolis and
Manitoba Railway Company, and each of
you are hereby cited and ordered to appear
before this Court, at q Special Term thereof,
to be held at the Court House in the CITY of
st. Paul, in said Ramsey County, on Monday,
the 18th day of February, A D. 1890, at ten
o'clock in the forenoon of that day, then
and there to make answer to and defend
against the said petition, and show cause.
if any you have, why the said Executor shall
not pay off and satisfy all devises, legacies
and beuuests under the last will and tesla
ment OF said deceased, render its final ac-
count and petition for the final distribution
and division of said estate according to said
will. and according to law, and upon the set
tlement of said final account, and the entry
of such final decree, be forever released and
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 time
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 III
favor of said j. P Farley, his heirs or assigns,
in said pending litigation.
1t is further ordered that a copy of the said
petition, and of this order, be served upon
the said j. P. Farley, by mailing the same to
his address, at Dubuque, Iowa. and also by
delivery of copies thereof to Hiler 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 five
days after the date hereof
And that copy of said petition and order
be also served upon the said j. j. Hill and
The st. Paul, Minneapolis & Manitoba Rail
way Company within five days after the date
hereof.
Further ordered that a copy of this order
be served upon all persons in any manner in
terested in the estate OF said deceased by the
publication thereof onceain each week for
three successive weeks prior to said hearing
in the ST. Paul DAILY GLOBE, daily public
newspaper printed and published in SAID
Ramsey county.
LSignedl SAMUEL MORRISON,
Judge of Probate.
nj low,