The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1893-10-13
COURT PROCEEDINGS.
OPINIONS OF THE COURT FILED.

part of this case:
This is a citation issued upon peti-
ton of +. p. Manhart, as the financial
secretary, agent and treasurer of the
Theological Missionary Institute of
Selinsgrove, Snyder County, Pennsyl-
vania, residuary legatee of said tesla
trix, to show cause why II. II. Grotz
and G.. A. Klein executors of said de
ceased, shall not be required to pass
over and transfer to the said petition
er and residuary legatee, certain Sc
curities remaining in their hands after
the final confirmation of their first and
partial account. without the CONVEX
sion or collection of said securities by
said executors.
Neither party desiring to take any
testimony IN support of their allega-
tions of fact the argument was heard
and the case considered on petition
and answer,
The auditor appointed on excep-
tons to report as filed can have moth
ing to do with, nor any bearing upon
the securities in question which are
all claimed as credits in the account
and held by the executors for further
and future administration.
The petitioner alleges that there is
no cause or reason for future admin.
istration and demands that the same
shall cease as to the securities men
toned in his petition.
The material allegations of fact as
set forth in the petition are not dis
puted by the answer, but questions of
law, and jurisdiction Of the Court are
mainly raised.
Considering the admitted condition,
kind and amount of the estate which
passed into the hands of the executors
we cannot say that there has been, on
their part, such delay or default as
would merit the censure of the Court,
or deprive them of any right which
they possess under the fair admins
tration of the law.
However, according to right and
reason and following in the footsteps
Of the decision in Reeds Appeal 1
Norris 4aS, we believe that we possess
the power to make the order and de-
cree prayed for and that it is our duty
to do so.
And now, Oct. 2, 1898, it is order
ed, adjudged and decreed that the
said II. II. Grotz and c. A. Klein,
executors of the last will and tesla.
ment Of the said Esther Ann Stroup,
deceased, shall, within thirty days
from this date, transfer and pass over
to the said F. P. Manhart, financial
agent and treasurer of the Theologl-
cal Missionary Institute at Selins-
grove, Snyder county, Pennsylvania,
residuary egatee of the said institu-
ton without further administration,
conversion or collection, the follow
ing securities, to-wit:
Fifty shares of Bloomsburg
Water Co. stock at $Io
per share. ............. S 500 90
800 shares Of Bloomsburg
Water Co. capital stock
at SIS per share. ....... 1900 90
The obligation of the
Bloomsbury Water Co.
given and held by the ex-
ecutors in place of S
bonds at SIoo each. -. 500 90
4 Bloomsburg Carpet Mill
bonds Nos. I9I and I92,
AZ $500 each. ...... 1000 90
Ioshares Lewisburg Nation
al Bank stock at $50 per
share. -. -. 500 90
shares Lehigh Valley
Railroad Co. Nos. 2776
and 2777.... 1000 90
George P. Hunt, mortgage
and bond, dated May 9,
1891, due May 9, 1897. 1900 90
John Wolf, note dated
March 28, 1890. ....... 445 90
Less two and one-half pc cent from
the same to be retained by the said
executors as their commission or COM
pensation for care and responsibility
Of administration etc.
The said F. P. Manhart, as the said
financial agent or treasurer OF the said
Theological Missionary Institute OF
Selinsgrove, Snyder county, Pennsyl'
vania, shall, before being entitled or
authorized to receive and receipt for
the same, file of record with this case
certificate from the board of trustees,
managers, or other duly authorized
and empowered body to grant, issue
or give the same for the said Theolo
gical Missionary Institute, and shall
also deliver to the said executors,
their heirs, administrators, or assigns,
refunding bond with its usual and
ordinary conditions in the sum of ten
thousand dollars with security to be
approved by the Court, or one of the
Judges thereof, in vacation. And the
said F. P. Manhart, financial agent OF
the treasurer of the said The Theolo