Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1893-09-22
Judge Blalr 0FIiults ih3 Objections
in lh8 DyJr Will Case
nE coNNE,Ds rnE EXECUTORS.


Son ami Attorney ". Van Cot ON tuo
silc u ihe czecutors,to vbofo accounts
objections bad bcc4 token. Tine heur.
bug haI occupied neatly two days aud
e bali, aul 900 urUia0n o., Jugru slair
was awaited With con IeruOlo Interest,"
Whrn homogeneous %, counsel cone
cIu-gI his h1ugr aii that .h1 ascauuts
died ly thc czccltlrs (Jgdg1 uuadgr.
H.u aui Ag8lH.y =. l.. Willlums)
veto flied under tho statute and
Huro uU, nual accounting. The
law required thcss accounts TO
bee filed in order that IA, court and
other parties interested In the estate
might DO informed as % tho mannorin
which the executors or administrator
were conducting their trust II upon
examination OF these accounts so far
os they had gone Il should appear 10
tlo court that they were mismAna ing
OF ,muul1nng the IA nds Of the estate,
thCnit tocamo tho duty Of the court to
tulpgud their functions, wnUthuTaskod
by the PARTIES concerned 10 do 10 or
not This was not nuM settlement
u any account, and therefore all ub-
lu'ti.us made 10 II would have
mo- bearing upon the tiile o. any OF tho
property claimed by Ms. Dyer and
this court would have no jurisdiction
iU deturmlue thereon. Tho parties
would have 10 so 10 some forum other
than ghi-. That simpliiled matters a
great deal, anu the sole question which
hin Honor was now called upon 10
decide was whether the executors in
this Instance hat mismauagod, en-.
Ouz1lcd or wrongIully acted In regard
10 tue uilalfs Of tlo Dyer estate. on
that point thcgo were really only two
or three objections TO conoiuor.
One Of these was IN reference
10 tho sale OF the gas stock. Il
appeared TINT MI. Dyer the de.
ceased, Was greatly In debt at
tue iime OF his death, ana Ia order TO
raise money TO carry out his various
anu Lumtf2uH enterprises lie hat ob.
tanned lOhus, dep0aitiug this stock Oh
security, In tue Cyeutof HE falling 10
pny the money when IL fell due, or the
lr tus', the Lenders would have hal
ANhNh W WI NNN 20 AAA NNNIN lNI MnhAs
ever price II would fetch. Tho exc
Cuturs, seeing thU condition OF thiuge
and the absolute necessity Of raising n
fargo amount VI money iu order 10 re.
l,ovc tho csiate and save IL from In.
solvency, disposed OF Rll this gas stock
at slBJ per share. "FfOm all the
evidence Ur fore the court" continued
HE honor, 81 am Satisfied that they
a. NH AL 10
that hgurrj they were $50. only iustl-
He'd, but would probably haze bpuu
ConHurablU 81 uy had uul 30 acted
under the CtyuWmnuCUs. Thyrct H.
The c,uft fully confirms their action la
,nn. rcghrI.n
As % what was known as the White.
head property purchased from Mr.
Dyer, who received therefor notes ilg
some $4,000, the executors o1mpfo.
missed with Mr.. Whitehead fiually by
accepting $4,000 Ia oash for the notef,
anu 40 he surrendered them. From
the evidence 10 would seem that Mr..
Whitehead claimed 10 have purchased
the property from the dtcenfed; that
MIR. Dyer nal shown him what pur.
ported 10 bu the lines thtrt; but from "A
recent survey II was very evident that
Mr.. DyeI's lines were not correct and
that hu was miHtsken, and In view Of
this Mr.. Dyer agreed 10 make any
reasonable abatement upon the notes,
though W 10 The time Of his death this
arrangement had not been carried out.
The executors looked into the matter,
law how II stood, Informed themselves
o. 10 the value OF the land, regarded Il
HH almost worthless, AMI believed that
anything at al The estate could get out
u II would ba 10 much gained. Finally
they made Hn arrangement with Mr..
Whitehead by whioh the notes We're
20 be surrendered 10 him upon nav.
ment of the $4,000. After some little
delsy, however, No Whitehead told the
executors that n the affair could be-
settled up forthwith he would he able
10 Iaise the money. lie went 10 Mr..
Bacon aud procured loan OF that
amount and paid II over. Exception
was taken Hud llcd 90 that Transaction.
but the court believed the executors
did the beat thing possible tor tile es.
tate In g0tullug that compromise.
Ast0 clerk hire, the ceiling Of the
horses ana Ii,llr matters OF that kind,
those were questions which would more
properly come UP on the final settle
mcut OF the account.
Tho court WAS Impressed with the
fact, after hearing al tho testimony,
that these objections would never haya
been filed, al Toast 10 tho extent they
were, mad the matter been lolt 10 Aifs.
Dyer alone, and he also felt satisfied
that the charges made were neither
prompted nor inaugatot by that lnly's
attorney. The evidence, indeed-ifI
any was nUcdui-sst aside any such
presumption.
Judging from the straightforward
candid manner la which Mrs. Dyer
gave nor testimony his Honor was VI
Tho opinion that bad sue been lot
uloao this Investigation would never
have b eu necessary. She appeared
to have the same confidence in tho In.
tc. rlty, honesty aud capnbility OF tho
executors that her nus, aud had enter.
,aincd of them for 30 many years ul
hla NE. The court was convinced In
itg own miud that there was skeleton
in the closet which had been pouring
polsou into Mrs, Dyer's car, and thai
That had prompted her to do VIVA, she
did.
Upon rOvlcw Of the whole Gaze
Therefore, said Judge Blair In oonclu.
zion, / canu0t no leha than commend
the executors for the vigilance and
honesty which they have - far dis.