The Providence news. (Providence [R.I.]) 1891-1906, 1896-10-05
WILL GET IT..
Olney'S Estate to
60 to Heirs.
No New Claimants Now
Likely to Come In.
Stockholders Want to Go
Back on the Record.
Claim They Were Frozen Out of
JOslin Manufacturing Co.
An Agent Seeks 10 Recover Commissions.
Dupre is Denied Divorce.

Inc case Oh 0eorge W. llllhHs GU uL
VS.. william III. Herrick ct al. was heard
this morn ing before Chief Justice Matte
son and justices StIness and Tillinghast
on the sufficiency of the advertisement
published two years ago giving notice to
the heirs CT the late Amos w. Olney to
appear and prove their right to the bal
ance of his estate. Mr.. OIney, who re-
sided In Johnston, left quite large es-
tate, and 1t appears there arc large mum.
Der of claimants for 1t. Thomas J.
Rhodes OF New York state filed petition
in behalf of himself ana other parties
since the advertisement was issued stat
ing there were other heirs to the property
than those who had been made parties to
the proceedings now pending in court.
James Iillinghast, as counsel for Mr..
Herrick, today urged tnat the advertise
ment quite extenively published in
newspapers throughout the country In
August, 1894. did not appear to have
been broad enough and asked that an
other be inserted in such newspapers as
the court might deem best.
Albert A. Baker. attorney for the COM
been sufficient and intimated that his In
vestigation of the case did not lead him
20 believe that the Rhodes claim was q
good one, but stated that he did not OBJ
ject to sny new parties being made par
ties to the proceedings.
Chief Justice Matteson announced that
it was the opinion of the court that the
an a,fa
The Rhodes heirs had been ordered TO
give surety for costs, but when Mr.. TIL
Iingba today said they were poor Mr.
Baker said he did not desire they should
be pressed to so do, so the order was va
Gated.
Mr.. Olney left will with certain
trusts which the court afterward set
amongst his next of kin.
AN INTERESTING QUESTION.
In the cases OF Arthur W. Dennis and
Frank II. Parsons against Josiin Manu-
featuring Company, the very interesting
question OF whether testimony can be
introduced 10 show in contradiction of
the corporation records what 1t is alleged
actually took place at a meeting OF the
direct that the appellate court has
to decide.
The case was partly heard last June
and then continued until after vacation.
1t Is alleged by Dennis and Parsons that
in 1895 the corporation which consisted
OF themselves and William Il. Joslin, ail
being present, voted TO take the profits
and consider them as dividends and at
the END of the fiscal year voted that's 200.
OF the profits should be divided, Joslin
receiving $500, Dennis $1,000. and Par
sons $500. Afterwards there WAS trouble
between Joslin and his associates and he
charged the money received by them as
advances, and on their refusing to repay
the same advertised their stock for sale.
A temporary Injunction was obtained re-
straining the sale of the stock.
John ID. Thurston and James NJ. Rip
ley, who represented Dennis ana Parsons
today, cited numerous cases in which
evidence was ermitted to be introduced
to snow what the corporation actually
did at certain meetings.
Justice Tilliughas asked IL the cases
cited were not ones in which relief was
sought by outside parties.
Mr.. Thurston replied that they were,
bat that his clients actually stood In the
same position as outside parties.
w. q. Rocker counsel for William T..
Joslin, maintained that the case at bar
differed very materially from those cited
by Thurston and claimed one Of the
parties claiming relief had as secretary OF
the corporation actually enter,d what
he now claimed as dividends as assets of
the company and Yves bound by the
records.
Mr.. Rocker was given time to submit
brief in the case and the hearing was con-
tinued. The decision OF the court on the
point raised will, IL against the complain
ant, dispose OF the case.
NEWSPAPER PUBLISHER DECLARED IN
SOLVENT.
Martin Murray, manager ana proprietor
OF the Pawtucket Tribune, has been do
clarod, on his own petition, an insolvent.
Some OF his creditors preferred q petition
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