Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1895-01-31
THE PIXTON ESTATE.
Hearing on Petition for the Removal
Of a Guardian.
TEAsDEL a SONS CONE IN.
A Matter IN which Trust Moneys Were
Invested Without Sc
curity.

Rl"iA'H hi1b nearly INC tutltu iuIt-
noon.
II was In regard b the estate and
guardianshlp Of Seth, Jane and olive
PiGton. minors. Tho herring
was on tho account OF Guard.
ian william y. Barton, objections
thereto, petition for the removal ci
the guardian and tho substitution OF
Martha PlXtou,
10 toe statement submitted on behalf
Of the minors objection was taken g.
the guariisn's general account, fled
January 1914 OF the present year,
u MS annual compensate "a
OF 1925, and g. the following
loans made On the late hsm OF runuul
& Son; Dec. 2Ith, lsDj, S55I; Deco b,
1893, 5000; Dec. 3lst, 1898. 500 nnd
$1,000, jan. s;n, 1891, S2,JUJ; aud Jau.
900, lsJ4, sjJJ. Petitioners askrI
that the accounts be nOtApprOyud until
the money uuo on these Notes IL col.
lsclod, aB tho loans were made without
security sud authority 10 Law.
The guafdian's A,tIfucy mas 8. w.
DAfke.
The guardian went on the wltnes-
stand and toll o. tie manner VI art.
Vices he hAd rendered since his OPP
poiutmont Ia tho fall Of 1859. Tue
estate includes u 'arm ~ Riyeftnn.
Tue cUmpensaiiOn he now asked rf,
he said, had been regularly gtautrd,
annually, be.of. Tho estate was
valued az about sl2,OOJ, Independent
OF the ltiverton property.
Attorney john NJ. Cannon, who rer-
resented lue uiu0rs, said the objection
Il. No..
vested portion tf The money on the
estate without security, hu having
loaned % 10 Ouu Of his b0udsmou.
Under these circumstances II would be
unreasonable 10 allow aim cumpensa-
lion f0r his services.
inauswer TO further questions put by
hln tt ofney, Mr.. Barton, testified that
at tlu time ne made the loans he con-
siuered e n safe investment; he oxef-
c!scd his best judgment 10 tue matter.
At'orney Cannon c9Lt3uded that
that cut no H. ure. The point was, had
he tle approval of tlis court on tnu
loAna 20 madt2 II DOT, his Intention
OF judgment stood for nothing. II he
made them ~ ithOut the courts nAiEor
ity ho himtelf assumed the Tesp0nsl.
billy.
Attorney Darke said the question o.
the guArd!au'H responsibility would
come Up hereafter. The question ucw
was-is the guardian entitled 10 res
sonablo compensation ior his neryices.
whether ine a. tAsu would suffer loss
eventually by us investments or not?
Because, II euoh were the case he
would be- required 10 replace tho mo-
ney. II he nad Ected with ordinary
prudence In making this investment he
WAS entitled u compensation.
Further INTERCEPTED the witness
said he maze the lOanG, In tue first
instance, 90 3. T.. Toasdel personally;
when the partnership tcgHn the notes
were renewed 10 Teasdel q Sons. Most
Of them were renewed little over a
year ago. The lJauB amounted alto
getheF 10 1880.
Attorney DarEc-What was the IL
nRncial condition VI reasdol & Sons nt
the time and what steps did you take 10
nnd OUT their B1lvuucy2
Wltuess said the iuytsligailon which
he ulalo showed that on August
l6lh, 1903, about five months before
tne notes were executed, tho firm's
books showed balance over aud
above oil liabilities OF $4,000. Helm.
SPECIFIED Bradslrrets' printed report on
September Is, 1894, and this showed
over 81 1900 clear.
All that had been your own
money" asked Attorney DArke,
"w0uld you have made thOba lOans?"
Witness Yes, sir would.
To Attorney Cannon Mir. Barton said
lie was D0okkeeper IN tho em-
ploy Of Teasiel & Sona up
to the day OF the assignment. He had
made personal examination OF the
books anu looked upon tao dtm as
being In a very fair condition. "rhero
were no notes unpaid Rnd nothing
pressing At the time | made the inves.
lsaiiOu referred TO-"
A tlrney CAunon-You loaned this
money without security?
Witness-On prUmss0ry notos, all OF
which we're payable one year after
late. (N0tts pr0duUsd.)
CHOW long before Mr.. Teasdel as.
ilgnro DID you knew that he was going
10 gssigu2n
81 never knew anything about It
lnul the tlult.n
Attorney Cannon said he was pfe-
pared 10 show that since the maturity
u tue uOIus, ami since the Assignment
Il Mtssfs. Teasdel, Mr.. Barton mai
iOue nothing 10 have those notes maze
, preference on accJuut Of the position
which hu held with the firm.
Judge Blair asked whether any order
4 court had ever been made rs 10 how
he funds Of the estate SHOULD be In
Vested, ana council answered In tho
negative.
"Havo you taken any steps since tho
leasdel failure 10 enforce payment on
hese notes2" was asked by counsel.
Witness replied nothing beyond
making inquiries OF tue assiguees who,
however, could give hlm no estimate
~ 20 the final outcome OF the assign
nenl. But they were doing their
lest in the winding up OF
he affairs. He further stated that u
Iort VI "half offer" came TO him from
3. T.. Teasiel, on behalf Of tle late
iFm, tf rs cents on tho dollar In
iaymUgt ~ tho loans, but he did not
entertain IT, nor had he consulted an
attorney since tho assignment as 10
low no should not.
Judge BlRiT-You were bookkeeper
or Messr,. rvasdel up 10 tho time Of
he assignment
Wilneas-NOB.
"Did you know the state OF their
nairt2"
''Yes, but didn't consider there
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