The Newtown bee., 1893-03-03
THE ELoN BOOTH WILL CASE
Once more Naturalization by the Heirs for the Removal of the Executor Hearing Post poned.

The hearing on the application tt
 Judge of Probate Bradley for the re
 moval oi Charles H. Peck, IS executol
 of the Elon Booth estate, did not take
 place on Wednesday, MT Peck asking fol
 a postponement, so that his counsel, Congressman DeForest, could be in at
 tendance. Lawyers Davenport anC O'Hara, who appeared for the heirs, de
 murred at an adjournment, but Judge
 Bradley saw fit to grant the request, and
 the date finally agreed upon was Satur.
 day, March n , at l o'clock, at the brick
 building. Following is il copy of the
 complaint:
 | To The Honorable Probate Court tor the | Distri ct of Ncwtown, in the County ot Fair | field.
 The application and complaint of John w Booth, for the removal of Charles II. Peck | eXecutor Of the last will and tetament ot ElOn
 Booth, late of said Newtown deceused, re specttully represents:
 1 That on the 24th day of March, 1890, Elon ! Booth Of said Newtown, died possessed ot an | estate value at more than Sl50,OO0, and leav- | ing will which was on the 18th day of April, | lS9O duly admitted to probate in the Probate
 Court for the District ot Newtown, and record, ] cd at length in the records of said Court, and 1 Charles If. Peck was appointed in said will as eNecutor thereof, and on the 18th day of pril, l lSsO, he duly qualified as such eXecutor. That said John W. Booth is the nephew and
 heir at law of the said Elon Booth deceased. In the fifth clause of said will it is provided that the sum Of sl00 be paid yearly to the said
 John W. Booth, out of the income of the tes.
 tator's estate, for the period of l4 years, said period to commence from, and after the set clement of the said testatOr'S estate by the eN- ecutor with the Probate Court.
 In the seventh clause of said Y i'll if is pro vided that at the expiration of said period ot IA years, the remainder of the tCstatOr'S CS-
 tate shall be divided among the grandchild ren of the tcstator's brother, OrVille Booth, and the adopted daughter Of his sister, Dclana
 Brinsmade.
 The said John W. Booth is the son of the | said Orville Booth, and has three living child ren, grandchildren Ot the said OrVille Booth, to wit Ida B. Alfred, aged 24 years, Frederick k N. Booth, aged l7 years, and Richard M Booth, aged l5 years. The said John w. Booth is the guardian of his said minor child ren.
 The said John W. Booth ayers that the said Charles II. Peck executor aforesaid, has be, trust, that he has neg lected to perform the du- ties thereof, and has wasted the estate in his charge as such eNecutor, in that he has with out warrant of law, and by reason of his inca pacity, paid out and disbnrsed large sums of money from tn c income ani principal of said estate to divers persons; he has paid out and dis cursed from said estate, large sums of money which were and are out Oi all prOpor-
 ton to the value to said estate, Ot the servic in payment of which, said sums were disDurs- ed; he has protracted and unnecessarily y de- layed the settlement of said estate and mis-
 managed the same, by contesting the pay
 ment of claims and charges against said es- tate, against which there existed and exists
 no valid defense 10 wit: the claims of Peter F. keeler, William Fairchild, Charles Jonas, George c. Stahl, and Gregory, Ballou & Co. The said eXecutor has for the purpose ot de laying the settlement of said estate, attempt ed the collecti Il ot claims to which said eS- tate mad no legal right, to wit: the claim pre- sented to the commissioners upon the estate of l.. lI. Booth, which claim was diSallowed by said commissioners For the purpose of delaying the settlement of said estate and wasting the estate in his charge, and for no other purpose, the said eXecutor has appealed from the doings of the commissioners upon the estate of l.. B. Booth with reference to said claim. The said executor has without
 authority warrant of law, made invest
 ments ot the income of said estate, and
 changed the form and character of the secur-
 ities in which said estate was invested; he
 has stated that he would proceed in the course aforesaid and in contesting said claims, and in attempting to collect said claims, while there was a dollar of said eS- tate left. Said executor has not had the order or sanction ot said Probate Court in any of the matters aforesaid, but has proceeded without the advice, order, decree or sanction of said Probate Court in which the settlement of the estate Is pending, which order and decree of said Probate Court is necessary to the valid ity of the several acts aforesaid.
 The said John w. Booth ayers that by req
 son of the premises aforesaid, the payment ot
 the said annuity has been withheld and the
 principal and income of said estate has not
 been properly managed. Wherefore the said
 John W. Booth prays the Court for an order
 removing the said Charles H. Peck execuUor
 as aforesaid.
 Dated at Bridgeport, this 23rd day of Febru-
 ary, 1893.