The Lambertville record. [volume] (Lambertville, N.J.) 1872-1968, 1896-10-21
Hunterdon's Orphans Court Criticised.

Chancellor McGill filed an opinion In
the Prerogatiye Court last Thursday, in
which he reversed a decree OF the Hun
terdon County Orphans Court, and
criticised quite severely certain OF the
actions of that court. The suit was that
of Jacob r. West and Henry A. Fluck,
executors of the will of George A. Rea,
deceased, against w. Howard Lake, who
acted as administrator pendente lite OF
the will of Rea.
Rea was wealthy tanner, living in
Pennington. He made the greater part
OF his fortune during the late war. The
suit is one involving contest over his
will.
The Chancellor orders that the decree
OF the Orphans Court be reversed and the
record RENTED to ii in order that addi-
tional proofs may be taken and a new
decree may be made in harmony with
the views of the opinion.
The Chancellor says: "The Orphans
Court allowed commissions at the high
est rate permitted by The statute. The
accounts this administrator kept were
meagre and repletc with inaccuracies
and errors. His testimony respecting his
conduct in the management OF the estate
was vague and unsatisfactory and en-
tirely without support In its professions
OF his care, prudence and good faith"
The claim of the appellants was that
the decree OF the Hunterdon court was
erroneous because 1t did not charge Lake
a greater sum than 6,3sS. 25 for 202
shares of the capital stock OF the Lehigh
Valley Railroad Company which be sold
in August, 1898; because it did not
charge him greater sum than 1852. 80
for interest on moneys OF the estate
which he permitted TO lie idle or EN-
ployed for his own use, and because it
allows him $625.97 for commissions as
administrator and allows 10 his counsel
$3.50 for their services relative to the
hearings upon the exceptions which were
filed to his account, and because 1t allows
to the counsel OF an exceptant other til an
the appellant $40 for his scrvices.
The Chancellor says that the proofs
are not sufficient TO enable him to deal
in satisfactory manner with the matter,
which must therefore go back TO the
lower court, where opportunity must be
given to the administrator to supple
ment his proofs.
The appellants In tue case commended,
among other things that Lake sold the
railroad stock already mentioned at a
time when 1t was at discount, In order
to obtain money with which to make
some personal investments. These, with
the other contentious, the Chancellor
thinks are justifable.
The syllabus says :
Where an administrator pendente lite
holds stock of a railroad company which
he does not need TO convert into money
will be justified In selling 1t only when
he acts, in so doing, upon an honest and
well.founded apprehension predicated
upon the exercise Of reasonable care and
caution, that to longer hold 1t will en-
danger or prejudice The estate.
One, holding moneys in trust, who
makes use of them for his own purposes,
or suffers them TO remain idle when they
should be invested, will be charged
inter, 81 upon them or held accountable
for the profits made from their use.
Commissions TO an administrator will
be rated within statutory limits with
the actual pains, trouble and risks
which the performance OF his duty has
caused him, but no commission will be
allowed 10 him when he makes use OF
moneys belonging to the estate for his
| own purposes, and keeps meagre and In
accurate accounts, thereby involving the
| estate In expensive litigation. Nor will
payment OF the charges Of his counsel 10
such ltigations be allowed from the
estate. State Gazette.