The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-02-16
MAKE AN ACCOUNTING


lars; this would leave a balance of one
! hundred and lightweight dollars and
/ ten cents still due. But it is claimed
/ that, since the court ordered the money
| paid out and the administrator has
/ paid the same out, and that there is
! therefore no money in the estate, she is
not entitled to this amount, and he
| should not be required to pay 1t now.
/ The statute provides that such allow
ance must be paid in preference to all
\ other charges, except funeral charges
/ and expenses of administration. There
/ was ample funds In the estate available
! for that purpose when the adminstra-
I tor obtained the order for the payment
of claims. The duty of an administra-
! tor to pay claims according to their
/ preferences is as plain and binding as
any other, a fact which does not seem
to be well understood, or. at least, al
| ways regarded. The administrator
seems to insist that, if he did nor do
| right In this respect, he was mislad by
the court in making the order for the
payment of debts. The answer to that
is that he obtained in that respect just
what he asked. The court relied upon
him to represent the facts MS rhey ex
listed. He also took occasion to say in
his testimony that. in company with
Mrs. Thompson, he called Upon me-, and
that i said that, if there was no money
in the estate, 1t would be difficult for
her to get her allowance II I go stated,
il has been verified. My recollection Of
the matter (Which 1t is hardly worth
while to mention here, is that / said
that, II there was no money to pay the
allowance, she would have difficulty in
getting It, but to go and consult their
attorneys about the matter, as l would
not advise them regarding the same.
To recaptulate, | find that the adj
m nj = a raRniNrp1 from Sadie ThHr1r-
son the sum, and only the sum If two
thousand. three hundred and forty
three dollars and fifteen cents, money
belonging to the estate, and from John
Gilbert fifty dollars; that .he sum If
two hundred and three dollars and
seventy cents. received from Sadie
Thompson was her private money; that
the administrator is indebted to the
estate in the sum Of 5000, the reasonable
value of the use of the horses and
property during the time the same
We're employed on the Conroy con-
tracts; that the credits on account of
Burgoyne and Parrish are correct; that
the alleged sale of the property of the
estate for three hundred and nine dol
lars is absolutely void; that Sadie
Thompson has received the sum of
seven hundred and eleven dollars and
ninety cents on her allowance, and that
the administrator is indebted 10 her in
the sum of one hundred and eighty
eight dollars and ten cents, which is a
preferred claim. and which he is here
by directed to pay unto her. The
amount paid out by the administrator
on claims of creditors is reduced by
this amount, and he shall be entitled TO
credit for same on the next payment
made TO creditors. And, in conclusion,
IL is ordered and directed that said adj
ministrator forthwith proceed to COM
ply with the orders and directions here
in contained, and 10 settle and account
for all of said estate which has not
been herein accounted for and settled.
Except as herein otherwise specified,
the said account is allowed and settled,
and IT is ordered that n decree of set
Element of said account be entered in
accordance with this opinion.