Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1893-11-28
THE DYER ESTATE
Petition Of liTs. Ella Dyer (Seaflas)
for Family Allowance,
OPPOSED ny qm EXECUTORS.
Thy Would Soon Settle Up but for
The L.gh Proceedings Taken
Against Them.

Tho hearing on tho petition for
family allowance Of Mr.. ELLA H.
Dyer (Soaries), widow Of Frank Il.
Dyer deceased, came up for hearing
ia ,ho Probate court this morning, be-.
fore Judge Blair The petitioner, who
was represented by Attorney Ogden
Hilcs, asked that the sum Of 800 per
month he set apart for her use pending
tho Hc,ilumuut Of the estate. The
petition was opposed by the executors
under the will Of the dcccaso d, Atior.
rcys Brown and Henderson and
Attorney Van Colt being present In
their behalf
The executors, Attorneys Farley l..
Williams and Juigo Henderson, had
Today filed an answer to the petition,
Boo which they denied, upon information
aud belief, that the petitioner Is now
the widow of the deceased. They say
there was In their hands Mt the date VI
their Ifsi report the sum Of i7I,35O67,
sud that debts have been allowed
against the estate and are now unpaid
amounting TO about $4,000. Nearly
all the property has been converted
into carh, aud IN case tho entire
amount Ia the hands Of the executors
belonged 10 the estate, there would only
be a surplus Of some $4,000, after dis
charging All the Indebtedness, with
which % pay legaclcs. They state
that In violation VI an understanding
and arrangement, set forth, and la
violation Oi the terms OF her husbands
viii, tHu petitioner has cot up "a claim
% about $4,000 VI the moneys now In
tue eX cutUrs' hands, and has brought
suit ~ the Third district court against
the executors Tor $4,000 thereof be-
elics threatening suit Tor the balance;
and " she should establish such claim
tho estate would become insOlveni.
But for this claim the executors say
thvy could settle and adjust the estate
aud pay every debt allowed against
II, oyory legacy, aud have small sur.
plus left for the children. The litiga-
ton Instituted by the petitioner would,
however, " continued, entirely deplels
NlAN hNAAAN anu AANN rum NNN NnAlANNn
" tbs deceased, who are the residue
airy lcgateee under tho will, all share
Ia the estate. Under the will there
was property lott u the petitioner
valued at about 800, 200, aud she was
now enjoying the Tuuts, Issues and
profits u the whole eNosDl the $4,000
bequealhod 10 her In money. IL would
be- unfair ana intquitablo, the execu.
tors contend, 10 make any allowance
upon the petition for the reason, nTst,
that the petitioner IL possessed OF
ample means In her own right; second,
because her contest against the pro-
visions VI the will had stopped tho set.
tlrment Of the estate aud had enlailed
largo OK penHD and a liability for large
amount OF Interest which might other
wise be- avoided. The executors say
they are ready aud willing at any time
II the petitioner will withdraw her ac-
ton now pending against the
estate, nnd tcliuquish her claims
against them these being tt-
pugnant 10 tho will-to make pay.
mont Ia full VI all due 10 her under the
same, anu she could come into posses
sion OF It at once. Petitioner, they
say, II nov the vile Of One james w.
SuarlUs, 10 whom she was married nj
Ogden. SeurltB was now, therefore,
member OF the househ0ldi occupying
with her "the family homestead anu
the property no set apart TO tho widow
by those executors, all Of which cams
from aud was the result Of the Industry
ana irugulily Of the deceased"
a Mrs. Searlee, on the witnefs.Etnnd,
said she considered $3.50 per month
reasonable allowance, considering the
ststion Of herself aud family. In
answer 10 Judge Henderson she said
she was married 10 Mr. SeAtles on
October 10Th OF this year. She in-
tended 10 leave the Territory
Tor the winter. The witness was
subjected 10 rigid crOss.oXaminatiOn
relative 10 the understandings had DO.
tween hUfsoli anu the executors prior
10 the commencement Of legal proceed
ings by the petitioner.
Judge Henderson, one VI the eI-
eCutUTs, testified ~ 10 the present
financial condition Of the Dyer estate
as shown by the oKecutOrs' report pre-.
yiOuHly presented 10 this court, aud
said lao never heard word OF disngfee-
mont " Dissatisfaction with the pTUvi.
Gus arrangements under the viii Of tho
late Mr.. Dyer until he received letter
from ME-. Soules Ia January last.
Hu was not, neither mad lao been (lhla
In answer 10 certain innucndOsl, act
ing as attorney, Ia tho rcmOtest
way In any Of the claims
against this estate. The ey cutOrs
could not llquidate the Outstanding
debts against tho estate because Of the
legal proceedings brought by Mrs.
5eaflUs against them, as the executors
might have $50 pay In a hurry" when
tho case COmes up. But Tor this
obstacle they could sottle up every
thing within tWenty'iOur hours.
Al the close of tho testimony a recess
was taken till . y. M, when tho argu.
ments began. They were In progress
nj the time the second edition Of tho
NEWS wont To uFtsa,