The Newtown bee., 1893-03-24

MAlGOI Af, lOOC saw the books last summer. He visited my house several times. Mir Davenport: Did you speak to John W. Booth about it? MT Peck No sir. Mir Davenport: Or Mir Belfield? MT Peck: think not.
 Mir Davenport: Did you have the as- sent of the heirs? MT Peck: I went by the advice of counsel. MT Davenport: Do you intend to con- test the claim of Gregory, Ballou & Co. Mir Peck: Yes sir. MT Fesseaden here inquired if Messrs Davenport & O'Hara were still counsel for Gregory, Ballou & Go. MT Davenport: Yes sir. And it is the most internal outrage I ever heard of 1 that the case has not been settled. MT Davenport: Did you consult the judge of probate as to the payment of 1 the claim. MT Peck: No sir. 1 After some further barley over the ! Gregory, Ballou & Co. claim and the claim presented against L. B. Booth and other claims in which Lawyer Beecher represented the executor, MT Fessenden took hand. Mir Fessenden: In all the steps you have taken, Mr Peck, which have involv l ed any litigation, have you uniformly consulted counsel before taking any such steps. Mir Peck: I have. MT Fessenden: Do you know of any l instance in the conduct of the affairs of this case, where you have proceeded con- | trary to the laws of the state. | MT Peck: do not know that I have. | Mir Fessenden: Ia matters of litigation on the will of MT Booth, did you pay out any funds without the advice of counsel. Mir Peck: I did not. l MT Fessenden: When this will case was tried in the superior court, did the 1 jury render a verdict sustaining the will :? Mir Peck: They did. Mr Fessenden: Did they take an ap- peal? Mir Peck: They did. 1 MT Fessenden: Was that appeal with drawn? | Mir Peck: 1 understand so. MT Fessenden: Have you KEPT A DETAILED ACCOUNT of the receipts from the estate? | Mir Peck: 1 have.
 MT Fessenden: Are you ready to ac- count at any time for the funds of the es- tate?
 MT Peck: Certainly I am.
 MT Fessenden: Have you invested funds according to the laws of the state as you were advised it was your duty to do?
 Mir Peck: have invested in nothing but savings banks in the state.-
 Mir Fessenden: It is alleged in Para graph 6 that you have neglected to per form the duties as executor of this es- tate. Do you krow of any duty that yon have neglected? Mir Peck: None that I am aware of.
 Mir Fessenden: Have you intended at any time to neglect any duty?
 MT Peck: No sir.
 Mir Fessenden: Have you intended to evade any duty?
 MT Peck: No sir.
 Mir Fessenden: It is alleged that you have wasted the estate. Have you useG } any of it in any other way than you have stated here on oath? MT Peck: No sir.
 MT Fessenden: Was you advised by counsel that you ought to contest th' } claim of Gregory, Ballou & Go.
 MT Peck: was by MT Tweedy. Mir Fessenden: Were you governed by
 his advice?
 Mir Peck: 1 was. Mir Fessenden: In regard to the L. B
 Booth claim. Did you consult Judg 7 DeForest?
 MT Peck: did. Mir Peck: Have you at any time, M
 Peck, taken any step in the case to de l lay payment of annuities, or to proven the heirs from receiving their due?
 MT Peck: I have urged the counsel t. : proceed as fast as possible, in order tha l the cases may be settled.
 MT Fessenden: Have you had any in
 terviews with any of the annuitants? | MT Peck: I have had with MT Brins
 made. I met him in Bridgeport one time
 He asked me about the case and said h. l didn't see how could do different. } MT Fessenden: Have any of the annui
 tants urged you to pay the claim of Greg
 ory, ,Ballou & Co.,? Il Mir Peck: Mrs Brinsmade said on 7 time she wished it was paid so the annu
 ities could be paid.
 Mr O'Hara here took hand and ask r ed, ssYou had talk with MT Brins :? made. Did MT Brinsmade assist you il
 making your defense before the com e missioners? ' MT Peck: Yes sir.
 MT O'Hara: How much did you pa
 him for his services? : Mr Peck: $50.
 MT O'Hara: Now then you had an in
 terview with Mrs Brinsmade, and
 SHE SAID TO THE EFFECT U y that the sooner the case was settled, th
 better.
 Mir Peck Yes sir. le Mr O'Hara Then so far as Mrs Erin g. ,a aa .t, a;aaox,a5