The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1892-02-20
WANTS HER RIGHTS.
An Heiress Brings the Executor
OF an Estate Into Court.
SHE ASKS FOR HIS REMOVAL
Divorce Day in Court-william Eran
Awarded $1,000 Damages Against
the City-The Blotter.

petition was flied yesterday In the probate
department OF the superior court BY Alice
Borst, one OF the heirs of jeremiah W. Borst
which win put in issue the question OF law as
70 whether decedent may by his will abso-
lutely prohibit the Intervention OF courts In the
banding OF his estate. Tho petition prays for a
citation upon Judge R. Andrews. executor of
the Borst estate, to appear aud give an account
OF his management OF the estate.
Jeremiah w. Borst was wealthy rancher
who lived on the snoqualmie river, and was at
one time county commissioner. He was mar
ried twice, both OF his wives being fuli-blooded
enoquaimie Indians. He cied ON August TO-
1870, leaving five children. Three OF these were
by his first wife. They are John, aged q wears.
Alice, the petitioner, aged 10 years, and Will
lam, aged l6 years. The children by the second
wife, who is still living, are Eva aged wears
and Bud, aged 6 years. Borst left an
estate valued at 100000, which he al.
rected to be divided among his five
children, share and share alike He provided
for his wife by deciding her a large tract of land
before his death. In the will he named Judge
4. Andrews, his friend. in whom he placed ex
piicit confidence, As executor without bond.
The executors power was made absolutely lin
itless. as after the proving OF the will It was
provided that the court should have no power
whatever to interfere in the management of the
estate. The executor was to handle tho prop
erty in his own discretion, and not to make a
final accounting until all of the children should
come OF age, time that is still fifteen years dis
tant 1t was also provided that the care and
education of the children should be looked
after, and that when any Of them came OF ago
share OF the estate might be ses apart for
them, II, in the judgment OF the executor, it was
proper TO do SO.
Alice Borst, the second child, who filed the
petition through her attorneys, Fairfield &
Cross. sets out that she Is 10 years Of age. and
6ae m
will OF jeremiah W. Borst she was left one.fifth
OF bis entire estate, which she is informed and
believes amounts to $4,000. She is half-breed,
and has but little education. She is
now without home and subsisting upon the
charity OF strangers. Being an invalid, she is
unable to work for her living, and Is at present
In debt for board and other necessaries of life
She has applied to the executor, Andrews. for
assistance, and has written him letters stating
; her wants, but he has failed to make her auy
reply. Finally, being in absolute want, day be.
reyesterday she called on him at his residence
In this city and asked for assistance but he re-
fused either to give her money or aid her in any
other way. Her brother William is DESTROYS of
attending school, but the executor will not give
him the money to do so. At present the boy 10
ct Falls City in such circumstances that he Is
compelled to 60 about poorly clad and bare
footed.
The girls stepmother, Kate Borst, a full
blooded Indian, was compelled, by Andrews
conduct, to sell the property left her, contrary
to the wishes OF the dead man as expressed in
his will. Out OF the proceeds she has had to
care for herself and her two children, Eva and
Bud.
Alice claims that when she applied to An
drews for aid she was told to go away and
"rustle" for her living; that being of age moth
ing could be done for her She is DESTROYS of
submitting herself to proper medical treatment,
and when she ia physically able to do SO, to en-
Ter an educational institute where she may re-
ceive an education, which has been neglected
by reason OF her sickness. She is informed that
Andrews is about to sell for $4,000 property of
! the estate which is worth $4,000. She charges
that he has been unfaithful to his trust because
he has failed and refused to support and edu-
cate the children, contrary TO the intention OF
the dead man, as clearly expressed in his will
She prays that a citation issue commanding
the executor to appear In court and render an
account of all the property Of the estate; that Q
guardian ad Item be appointed to protect the
interests of the minor children; that upon final
hearing Judge R. Andrews be removed from
his Office OF executor; that person OF respon-
sibility and judgment be appointed as admin
istrator OF the estate; that Andrews be enjoined
from selling or otherwise disposing OF any of
the property, and that he show cause why the
petitioner should not at once have sufficient
money out of the estate to supply her imme-
date wants.
The code of Washington provides that q de-
cendent may by his will appoint an executor
who, after the proving OF the will, shall not be
] under the direction of the court. There is to
this section, however, provision which says
that in event the executor fails to properly
discharge his duties he may be brought into
court and removed. 1t is on this last clause
that the girls attorneys intend to stand.