St. Paul daily globe., 1895-11-16
TO Pay INTEREST.
THE SUPREME COURT DECIDES
MATTER INVOLVING THE
KITTSON ESTATE.
LOWER COURT FINDINGS
MODIFIED BY HIGHER Tribunal
TO THE ADVANTAGE OF NOR
MAN kITTSON.
OTHER DECISIONS FILED.
wheeler Against WinnebngO Pa
per Mills the Only Case That
Mas Reversed.
LOWER COURT FINDINGS
OTHER DECISIONS FILED

Chief Justice Start, of the supreme
court, handed down six decisions yes
terday, a local case OF interest being
that of the ST. Paul Trust company
against Norman w. Kittson, in which
the judgment of the lower court is
modified. The syllabus follows:
In re appeal of ST. Paul Trust Com
pany, as executor of the estate of
Norman w. Kittson, st. Paul Trust
Company, appellant, VS.. Norman
kittson ct al, respondents.
In Re estate of Norman w. kittSon,
Norman Kittson ct al, appellants, VS..
st. Paul Trust Company, respond
ent.
SyIlabus-1. The executor in this
case used part of the trust fund,
coming 10 its possession as executor,
in its own private business of Il loan
and trust company, but kept no sep
arate account of the investments made
from the trust fund or of the interest
or profits received or made by reason
of such use.
Held, that it was properly charged
upon a settlement of its accounts as
executor with interest on so much of
the trust fund so used by II, at the
rate of per cent per annum.
2. Where a trust company has charge
Of several trust funds belonging to
Separate estates or parties, and has
used in its own business part of
such funds, and its cash balance kept
on hand is made up of money belong
Ing to all of the trust funds commin-
gled, for the purpose of aScertalning
how much money belonging to any
particular estate it has so used, only
the proportionate part of its cash on
hand which belongs to such estate can
be deducted from the cash balance due
to such estate.
8. Evidence considered, and held
that the trial court was justified in
approving an investment by the eX-
ecutor in certain bank certificates of
deposit originally payable to it as an
individual and afterwards renewed and
Endorsed to it as executor as an invest
Inent for the estate, and in disapprov-
ing as such an investment certain GER
tif1cates of deposit issued by the exec
utor as trust company to itself as
executor.
4. 1t is only when an executor has
been guilty Of willful default. miscon-
duct or gross negligence in the man
agement of the trust estate, whereby
It has suffered loss. that compensation,
TO which he would otherwise be enti-
tied, can be denied to him.
Held, that the executor in this case
was not guilty of such default mis-
conduct or neglect, and it was prop
erly allowed compensation for it's serv-
ices. Modified. Start, c. j.
John Traynor. respondent VS.. F. G..
Seiloff, appellant
l. The complaint in this action al
legged that the defendant maliciously
and falsely caused to be published in
a circular issued and distributed by
the Retail Merchants Protective asso-
citation, of which he was a member, un-
der the heading of Special Reference
List of Unsettled Claims" these words:
''Traguor John, semn Belle Plaine
Mdse.S 400" and alleged extrinsic facts
showing their application to the plain
tiff, their meaning and that the defend
ant intended to and did thereby i'm
pute to the plaintiff insolvency and dis
honesty in business, and that the list
was SO understood by it's readers.
Held, that the complaint stated a cause
of action.
2. To entitle party to claim that an
alleged libelous publication is privileged
1t must appear that it was made in the
discharge of a public or private duty
or for the protection of his private in
terests, and that it was relevant and
proper in that connection, and based