The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-10-07
Jesse c. Kicker Wants an Account
ing Of Funds From William
A, Chessman.
He Charges That the Figures Do
Not Make a Correct
Showing.
Each aud Every Item Called into Question
And Its Accuracy Denied-Other
Court News.

St - ~ SSS~ -
c. Kicker. through his mother, Martha p.
Kicker, and by his counsel, A. g. Botkin,
has filed a petition in the district court, in
which he asks an accounting OF William A.
Chessman. the executor of the estate. j. O.
Kicker died about sixteen years ago.
and W. A. Chessman, who was as
ISOLATED with him, was made exocu-
tor. The heirs were the widow, Martha
p. Kicker, three daughters-Mrs. DR..
Dodge, Mrs. George O. freeman, and Mrs.
arthur Ide-and one son, jesse G. Kicker.
The widow and the thro, daughters have
had an accounting with the executor. Jesse.
however. has not, as he is still under age.
In his complaint he charges the executor
with having used the funds Of tho estate in
his own business. aud with not making COR
rect returns. Should the court 30 decide,
Jesse and the other heirs expect to prove
that the estate ia entitled to much more
money than has been received by them.
The petition says:
civilian A. Chessman, executor Of the
last will and testament of ]. G. Kicker, de-
ceased, having heretofore, on the 21st day
of September. 1891, filed an affidavit under
oath, purporting to show the amount of
money received and expended by him, the
amount of all claims presented against the
estate, and the names of the claimants,
and all other matters necessary to show the
condition of affairs; now comes Jesse o.
Kicker, minor heir and legatee of the said
decedent, and q person interested in the
said estate, by Martha z. Kicker, his next
friend, and files his objections in writing to
the said exhibit, and contests the accounts
and statements therein contained. etc."
Then follows in regular form q questioning
of every specific item in the executors &C.
count from Dec. /. 1875, to date, with the
charge that each and all are not the proper
sums received by or charpeable against
him. There are ninety-two Of these items,
the mounts being specified in each case,
and tho objections to their correctness re-
peated. The items range IN amount from
$500 up to 81, $780, 40, and are denominated
as interest, commissions, etc., tho large
sum being a transfer from the partnership
estate. Among other things it is claimed
that the exeoutor's commissions are excess
sive, and that nothing OF the kind should
be allowed until the estate is set
amounts given as received in the
executors statement of last month was
about 325, 900, and the executors commits
about $4,000. The amount of cash
given SIS on hand June l last was 1854 Is.
The petition then continues: And your
further objectinR to the said
and contrasting tho accounts and
statements therein contained, alleges that
the said executor has at all times during
his administrator of the said estate con-
verted the funds belonging to the same to
his W use and employed such funds in
his own business; that the said executor
has employed and invested the said funds
in the purchase of certain real estate and
has derived large profits from the same, but
in what amounts your petitioner is without
means of information and is unable to
state. Wherefore. your petitioner prays
an accounting be had of all matters
connected with the administration of the
said estate, and if it shall appear thereupon
the said executor has converted the
funds belonging to the same to his own
profit and advantage, that his said account
and exhibit be subchargsd with the profits
received or derived by him from the use
and employment of the funds of the said
estates; that any and all accounts,
annual or otherwise, OF the said
executor, heretofore settled and allowed
by any court, be reopened and examined by
this court, and that the said executor &C
count for all moneys improperly withheld
or paid out by HIM from the said estate,
and for all settlements of it's affairs by him
Improperly made; and that he be charged
with legal interest upon all moneys which
he has Improperly received or withheld
from the said estate for his personal use,
fully for such estate according to law, and
hat the said William A. Chessman indi-
vidually pay the costs of this proceeding"