The morning times., 1895-07-27
Judge Hagner's Advice to the
Barbour Estale LitIgants.
], A. HAMILTON AS RECEIVER
Capt. Barbour Declared 10 Have Done
Nothing Radically Wrong-IIis Conn
TO More Than The S2o, 900 He Drew
From the Property.

The difficulties over the settlement of
the Barbour estate received public airing
in Justice Hagner's court yesterday after
noon, when Capt Ha rrison s. Barbour
filed his answer 10 the bill filed on July o
by the other heirs OF the late James L.
Barbour, charging Capt. Barbour with
nismanagement of his fathers estate as
administrator.
The original bill asked for the removal
of Capt. Barbour as administrator and
the appointment OF a receiver for the estate
After Judge Hagner had listened to the
reading of the vOluminuus bill and the
equally voluminous answer and brief argu-
ment OF counsel on both sides he appointed
MI John A. Hamilton, who was for
twenty years associated with the elder
Barbour in business, AS receiver and admin
istratoT. The decree or the court will not be
signed until this morning
BROTHER AGAINST BROTHER.
During the hearing OF the cause Nj James
F. Barbour sat b one table with his coun-
sci, Messrs j. NJ Wilson and Henry Wise
Garrett, while Capt Barbour, his brother,
sat with his attorney. Mr.. Clarence Bran
deuburg at another table Each brother
Extraordinarily TO the reading ofthe papers,
and each sat notionleSS as the accusations
first against one and then the other were
reached
When the attorneys had finished Judge
Hagner said:
1t is very evident that this matter should
be anIicably settled, and win use every
effort possible TO bring about that end.
II both of these brothers address them
selves to this mattel in one month they can
Will eat up the magnificent estate.
Capt. Barbour was not obliged, accord
iAg to law. 10 file an accounting for
fifteen months after his appointment as
administrator, and had he come into the
probate court and represented that there
was necessity for further time in view
OF the MAGNITUDE OF the estate the court
would undoubtedly have given him four
months more He was not i'll default
there at all, as claimed by the original
bill.
BOTH SIDES MUST BE HEARD.
There is reported evidence OF misman-
agement, but one side is always good
until another is told. Many things look
careless and reckless until, on explanation
made, they do not appear so.
Suppose he did draw $40 GOO out of an
estate of $3604000, With a lawful COM
mission of per cent be was duly entitled
to $50, 600. Peoptg don't ordinarily pay
themselves in advance, but there was moth
ing radically wrong in what he did.
The brothers and sisters cannot well
ascribe any dishonesty of purpose. An
came from the same nest and it is not
often that one or two are honest and
Others are dishonest The charges respect
ing dishonest conduct are doubtless all
more or less eXplainable.
II therefore think, in view of the fact
that an amicable out-of-court settlement
of the estate is.tae best way out of the diff
ficulty, and considering that this can best
be accomplished through one to whom
neither side has any objections, / will
name Mr. Hamilton as administrator and
receiver pending further steps i'll the case"
ALL ALLEGATIONS DENIED.
The answer filed by Capt. Barbour yes
terday was au almost complete denial