The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1896-05-07

plaintin; that IN the year loSU, Jne ue-
PENDANTS paid taxes on said real estate In
the sum of s503.30, but they deny that
said taxes was the individual Indebtedness
of said Robert A. Miller, and they say
that in the month of April, 1889, said
J acob Miller, in his lifetime, became in
debted for taxes as follows: On personal
property, s2s0.7O, and on real estate,
S725.9i, total, s1,006.64; that said pay
ment of s508. 32 was the last half of said
taxes, payable on the goth day of June,
1890; that said estate was solely liable
for said taxes, and said Robert A. Miller
was in no wise indebted therefor
The defendants admit the death of said
Jacob Miller, and their appointment as
his administrators, as alleged In the petit
tion that they filed accounts In SETTLE
ment of said trust; that the plaintiff at
one time resided in the city of.Washing-
ton, d. c.; that in the first account filed,
the defendants reported funds in excess
of disbursements and among the disburse-
ments was the sum of sl2, ,S91.60; that
the amounts reported as credits were re-
ceived by the defendants for the use and
benefit of the estate of said Jacob Miller;
that the sums mentioned on the fourth
page Of the petition were paid by the de-
PENDANTS to the plaintiff; that at the time
mentioned in the petition the estate Of
said Jacob Miller and the defendant,
Lewis Miller, were solvent, but they deny
all and singular the averments, and parts
of averments, contained in the first cause
of action, of said petition, not admitted
or specially traversed herein.
The defendants admit that in their
final account filed in settlement of said
trust, they received credit In the sum of
IS, 47449, and filed a certain voucher,
signed by said Alice n. Chance therefor;
that a letter was written by the defend
ant, Robert A. Miller, to said Alice n.
Chance, concerning said voucher and pay
ment, but they deny all and singular the
other and further averments contained in
the second cause of action of the petition.
AMI the defendants say that at and prior
TO said time the Aultman, Miller & Co.
was indebted to the estate of Jacob Mil
Ter in the sum of 81 260.37 on his indi-
vidual account with said company; that
said sum was credited to the account of
said Alice n. Miller with said company,
and afterwards drawn by her; that at and
prior to said time the firm Of Alexander,
Fogle q Miller were indebted to the
estate of said Jacob Miller, in the sum Of
S7,214.12; that said sum was paid to the
plaintiff by sundry checks; that said two
items composed said IS, 474 40 mentioned
in. the petition, and the voucher men
toned therein was given therefor; that
the plaintiff had full know ledge of said
transactions and of the items composing
said gross sum; and that no part of said
sum was converted to the use of the de-
PENDANTS.
The defendants say that at all times
during the existence of said trust said
Alice n. Miller (Chance) was informed
of their proceedings therein, and had full
knowledge thereof; that the defendants
have in no wise wronged OF injured the
plaintiff in any of the particulars men
toned in the petition, as the plaintiff
we'll knows.
BY Thayer, Webber & Turner and
Baldwin & Shields, attorneys for Defend
ants