St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-01-20

AStIa iruSLces as
s1snee, receiver.
STATE OF MINNESOTA, RAMSEY COUN-
- ty, ss.-In the Probate Court
In the matter of the estate of Norman w. Kit
son, deceased
AtSpecial Term. January 18th. 1891,
his 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 flied, 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 in said account; and has also paid
and satisfied all just claims and demands
against said estate, which have been examined
ana allowed by this court as claims against
said estate, and has also made certain ad-
vances to certain of the legaIees named in
SAID Will, on account of specific legaeies, and
OH account of their distributive shares of the
estate OF said deceased, under his last VIII
ana testament. But that said Executor has
not paid all of the legacies and peauests
named in said will. and cannot make the
said account MS final account of its admin
1Stration of said estate, by reason of certain
action now petsdines III 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
sota wherein one j. P. Farley is complainant
ana ). j. Hill, The st. Paul, Minneapolis and
Manitoba Railway Company. and the said
The St.NPadl trust Company, as such EXecu-
tor, are defendants,
"fhat said Executor is advised that the
Claim and demand of said j. z. 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. Kittsor, deceased,
will absorb all the real estate and personal
property belonging to sad estate. That said
d. 7. Farley has never fled ir this Geurtany
i'm dam
based upon the matters or facts alleged in his
complaint, or amended bill of complaint, on
file in said United States Circuit Court, or IN
VOWED in said litigation: but that said petit
TONER is advised that said Farley claims that
i'll the event that he shall recover d 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 i'll the
same manner as other claims allowed against
SAID estate; und by reason thereof said Farley
has notiHed said b. ,utor to make no further
payments of the legaeies or requests under
said lastwlll 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
Jild [n4ent as may be SO hereafter rendered in
his favor and certified, as aforesaid, not@lth-
standing any such division and distribution
thereof. among the persons entitled thereto.
That said Executor is advised that the liti-
CATION involved in SAID appeal will. i'll all
years before the same shall he finally decided
and a-final Judgment rendered therein; and
that many of the legatees and deviseeS named
III said last viii and testament are in need,
and no reason now exists why the said Will
should not be executed, and the final ac-
counting had; and the division and distriDu-
ton of the said estate ordered and made,
save ana except the tendency of the said
litigation upon said appeal, and the liability
Of any of your petitioner TO be compelled
TO respond to any such possible Judgment.
ana 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 ofaGuy
such final division and distribution pending
such litigation.
Now, therefore, on the motion and petition
or said Executor, you, the said j. P. Farley,
j. j. Hill and The ST. Paul Minneapolis and
Manitoba Railway Company, aud each of
you, are hereby ciIed and ordered to appear
before this Court, at Special Term thereof,
to be held at the Court House in the city of
st. Paul, in said Ramsey County, Oil Monday,
the 18th day of February, A. D. 1890 at ten
clock in the forenoon OF that q y, then
and there to make answer to and defend
against the said petition, end show cause.
II any you have, why the said Executor shall
not pay off and satisfy alldeviseS, legacies
and requests under the last will and tesla
ment of said deceased, render its fiual ac-
count and petition for the final distribution
and division of said estate, according to said
viii. and according to law. and upon the set
liSulCUJ OI Sdlu Hllul dCcOu I. ana tlG entry
of such final decree, be forever released and
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 10 this Court. after
the date Of such final settlement and dis
cha ge, as aforesaid, or to any or either of
said other defendants named in said ltiga-
ton, by reason Of any claims or demands
they or either of them may hereafter have or
make against said Executor for co Itribution
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 O CODY of the said
petition, and of this order, be served upon
the said j. 7. Farley, by mailing the same to
his address, at Dubuque Iowa. and also by
delivery of copies thereof to Hitler Ii. 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 copy of this order
be served upon all persons in any manner in
terested in the estate OF SAID deceased by the
publication thereof once in each week for
three successive weeks prior 10 said hearing
in the ST. Paul DAILY GLOBE daily public
newspaper printed and published in SAID
Ramsey county.
[signedl SAMUEL MORRISON,
Judge of Probate.
mon-4t-ian2o. 27feb3,10