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

state.
The objection to the credit of two
hundred and three dollars and seventy
cents entered in said account as palo
to Mrs Sadie Thompson family allow
ance is sustained for the reasons al
ready pointed out. -
The objections entered to the credits
of payments of forty-seven dollars ana
ffty-three cents (s47.53). TO F. G. Par
IRISH. and twenty-five dollars C$2o) 10
Sadie Thompson on order, and thirty
four dollars and fifty-eight cents tSS4:-
5S), to w. II. Burgoyne, are oVerruleu'
and said amounts are allowed as
proper charges against the estate ana
proper credits to the administrator.
The general objection and exception
TO this account specifies, among other
| things, that the said Z. Z. Congdon'
under a pretended sale OF all the per
| sonal property OF the estate in the
month of September. 1898, to one, F. 7.
Conroy. has worked and used the
horses and property to his own use ana
| benefit upon certain wood contracts
| therein specified for a long period OF
| time. This he denies. and alleges that
said Sadie Thompson sold this prop
| erty Conroy. There was much tes-
| timony introduced on this point of con-
| tention. This testimony indicates 10
| me that peculiar business methods at
| tended the transfer and handling OF
| the property in question. and the entry
/ performance
| A recital of the evidence would be nee
| essary to indicate the devious ways
| and obscure methods pursued with ref
| erence to these transactions, and Yet
! IL may be that no dishonest intention
| Influenced Congdon in his actions con-
| nected Herewith. He. as an officer of
| this court and trustee of the property
of the estate. bound to account there
| for. must show that he has discharged
his trust with the utmost fidelity and
according to law. The evidence shows
that Conroy became possessed of the
! property in question on or before Sept.
! Is, 1898 At that time Sadie Thompson
was Administrative of the estate. Cong
| don seems to have occupied the
! position of one accredited by
her as possessed of knowledge of
the estate property and judgment with
reference to the proper management
thereof. At any rate, Congdon acted
in the matter and took a promissory
note for the property from Conroy for
five hundred dollars. G50O) payable to
Sadie Thompson, administrators. The
attempted sale was made by him. lie
| procured the note, and on the same day
he took a chattel mortgage on this and
some other property from Conroy, to
secure the payment to himself of two
thousand dollars, $4,000 which he says
included the five-hundred dollar note Of
Conroy to Mrs. Thompson. He after
|
took another chattel mortgage from
Conroy on the same property, to secure
the payment of two thousand dollars to
them.
Sadie Thompson did not procure an
order for the sale of this property from
the court, neither did she ever report a
sale of the same to the court, but, on
the contrary, she returned in her final
! account that the property was still on
hand and belonged TO the estate. At
that time. however. the evidence shows
that u was in the possession of Conroy,
am nat he had given his note there
! for. Congdon claims that the sale was
made by Mrs. Thompson, and that, If
il was without authority, he is without
, . responsibility in the matter. / have
found otherwise; but suppose she acted
| in the matter of making the sale, OF
T. consented TO his doing SO. or approved
his action therein. Is he relieved from
E / responsibility with reference TO this
E property from the time he became adj
ministrator of the estate? The evil
dence and the provisions of the com
piled statutes of the state of Montana
which govern in this matter, will an
swer that question.
D Section u.s. Second Division-Every
| executive or administrator must make
. and return to the court at his first term
l. after his appointment a true inventory
and appraisement of all the estate OF
e the decedent, including the homestead
$ If any, which had come to his posses
4 sion or knowledge.
I, Section 126 provides that whenever
= property not mentioned i'm an inventory
u that is made and filed comes to tn,
e | possession or knowledge of the admin
s istrator, he shall cause the same to b,
: appraised and return an inventory anC
G appraisement thereof.
d Section 127 provides that the executive
: or administrator is entitled to the pos
II session of all of the real and persona
I, estate of the decedent.
l, Section 224 makes it the duty of tn
s executor or administrators to take int
: his possession all the estate of the de
Is cedent, real or personal.
II Section 173-No sale of any propert,
Re of a decedent is valid unless made un
j. der order of the district court, eXcep
q as otherwise provided in this chapter
% All sales must be reported under oat
y and confirmed by the district court be
y fore the title to the property sol
g passes.
lie The exemption found in this chapte
IT is where an executive is authorized b
m the terms of the will to make the sal,
I'd This is section 209. but even in such
(, case the executor must report the sal
T. as in other cases, and no title passo
a unless the sale is confirmed by III
y court.
Re At the time this administrator a,
as sumed charge of the estate he was "a
ne vised by the record in this matter an
l. I especially by the final account of 81
Ne die Thompson, that the property
I'd question had not been disposed of /
es sale, and still belonged to the estat
OF He must be held to a knowledge of Il
ID above provisions of law. KNOWN
~ therefrom and from the record in tn
TO- estate. that such was the property
Il. the estate, il was his duty TO take Pc
rs session thereof Immediately upon n
re qualifying. And more than all this. !
IL has shown by his testimony that ne a
on ways regarded ii as the property of Il
lis estate unless the five hundred doll;
he. note was paid, and he afterwards too
ed charge Of il and attempted to sell II
en- estate property because COnroy fail,
As to pay the note. If the legal sale hs
s. / been made. he well understood that IL