The record-union., 1896-06-13

administration upon the estate Oh Z. "A.
Strong, and letters were duly issued to
him on March 5, 1896.
1t also appears that all the funeral
expenses and expenses Of last sickness
were paid, and that deceased left no
creditors
The petitioner returned to this county
a few weeks since to look after her
property, and to her dismay found it ad-
vertised to be sold at an administrators
sale. And, upon inquiry, she learned
that her fathers estate was being ad-
ministered upon, and that it was about
to be sold to pay the expenses OF ad-
ministration, which amounted to Sl6o,
nearly one-half the appraised value of
the property. She endeavored to have
the sale stopped, but was informed by
the attorney for the Public Administra-
tor that it could not be done except
that she pay for the expenses incurred
or give security by mortgaging the
property. She was without means with
which to pay the required sum and she
declined to mortgage the property for
that purpose.
Believing that her property was being
confiscated without any just cause she
| Section 1926, C. C. p, prescribes the
duties and powers of Public Admins
traitors as follows: Every public ad-
minstrator duly elected, commissioned
and qualified, must take charge of the
| estates of persons dying within his
county as follows: l. OF the estates
of decedents for which no administra-
tors are appointed and which in con-
%ol
| cared for and lost g. Of the estates
of decedents who have no known heirs.
3. Of the estates ordered into his hands
| by the court; and 4. OF the estates
upon which letters Of administration
have been issued to him by the court.
In this case the estate was neither
| being wasted, uncared for nor lost. The
one who was entitled to the property
was in possession and for nearly five
years notoriously so she was looking
after it, was caring for it to the best
| of her ability. She was the only one
interested in the estate and should not
have been interfered with except by
one who had rights equal with herself.
| There were known heirs, and had any
| pains been taken that fact could have
| been easily ascertained because the de-
| ceased had long resided in that neigh
/ borhood and petitioner had resided
with her parents, and their relationship
was well known. The reason for the
| first subdivision Of the section is ap-
parent on it's face. The reason for the
second is that, in case there are no
| heirs to an estate, that it escheats to
| the State and the State is the bene-
| ficiary, hence the duty of the Public
Administrators to look after the estate,
where there are no heirs so that the
State may have what belongs to it.,
but here the heirs being we'll known the
State could in no event be an inter
ested party and did not need the inter-
vention of it's officer.
| This estate needed no Intervention Of
an Administrator, so long as petitioner
| and her brothers and sister wanted
none. There were no creditors to OBJ
| iect. 1t is true, before the title to the
real estate could be put in such a con-
ditiOn as to make 1t marketable, ad-
ministraion would be desired, but that
| is matter for petitioner and her
grantees to consider, and If she is
satisfied, as she evidently is, with the
| status she should not be disturbed
| 1t VIII be a strange thing If a party
while in the enjoyment of her own, the
| first moment her back is turned, as in
this case, absent only few weeks, re-
| turns and finds the Public Administra-
| tor in possession of her property and
on the point of sacrificing it at public
sale, not for any liability that she had
incurred, not for any liability her
| father had incurred, for he nor she had
ncne, but for the purpose of paying toll
| to that official toll too, nearly one
| half of the whole value of the property.
| and can find no relief. If such can be
| done then the law and the courts can be
used for the purposes of oppression and
| confiscation. This is so evidently the
case before me that / feel that it is
| my duty at the earliest practical
| moment after the attention of the
court has been called to the matter to
stop any further proceedings. and if
| possible right the wrong that has been
done
1t appears that in the charge of S165
against the estate, that S12 II has been
expended on behalf of taxes, the peti-
| toner gets the benefit of such expendi-
ture. 1t should be returned to the Ad-
| aninistrator
Upon the return to the Public Admin
'strator, or his attorneys, that amount
within ten days after the notice of this
decision the letters of administration in
this estate will be revoked and all pro-
ceedings Hereunder set aside and va
| Gated.
Oatman q Rhodes, attorneys for Pub
Tic Administrator Miller, were allowed
ten days in which to file bill of excep-
tiOr1s