The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-02-16
MAKE AN ACCOUNTING
The Case of Mrs. Sadie Thompson
Against E. B. COngdOn.
JUDGE M'HATTON'S DECISION
Charges of Fraud Not Sustained
But the Inference Is Left mat
There Might Have Been a Mis-
understanding or Mistake.

don administrator of the estate OF
lewis Thompson, deceased, in which
charges of fraud and misadministra-
ton were made. While the decision OF
the court annuls many of the acts or
the administrator and orders him TO
make an accounting, 1t does not sus-
tain the charges of fraud but rather
leaves the inference that the matters
complained of might have been the
result of misunderstanding or mistake.
The opinion is Of interest generally TO
persons having connections with estate
matters, and is as follows:
In the matter of settlement OF ac-
count of E. L. Congdon. administrator
filed on Sept. z, 1895, as and for the
final account of the administrator mere
in. This account came on for hearing
before the court in January, 1896, due
notice thereof having been given ac-
cording to law, on the account as nled'
together with the objections in writing
filed thereto by Sadie Thompson, widow
and sole heir of the deceased, and the
answer of the administrator filed 10
said objections. The parties appeared
in person and by attorney; whereupoh
the testimony of witnesses and docu-
mentary evidence was introduced In
support of said account and in support
of the objections filed thereto, and the
matter was submitted to the court for
judgment and decision.
Lewis Thompson died on May 20. 1898
On June z, 1893, letters of administra-
ton were issued TO Sadie Thompson,
the contestant herein. Her final ac-
count was settled by decree of this
court entered Dec. 4, 1898. and her res
ignation as administrators, which she
rendered, accepted on that day. Her
final account as settled, showed that
she had received as administrator the
sum of seven thousand, two hundred
and eighty dollars and ninety-eight
cents (s7,2S09s), and disbursed four
thousand, six hundred and twenty-six
dollars and sixty cents (S4, 626. 60) and
that there was due and allowed her for
commission three hundred and eleven
dollars and twenty-three cents
| ($S1l. 23), leaving a balance in her hands
| belonging to the estate Of two thou
sand, three hundred and forty-three
| dollars and fifteen cents C2343.l5D
In her letter of resignation Mrs.
! Thompson recommends d to the court
! the appointment of the present admin
! istrator as a suitable person to take
! charge of and manage the property and
/ affairs of the estate, and he was ac-
cordingly appointed on December l6
1898. He Immediately qualified and re-
| ceived the property belonging to the
| estate from the contestant and also the
said sum of two thousand, three hun
dred and forty-three and fifteen cents
! (s2,343.15), and gave his receipt there
for.
In his account the administrator
| charges himself with the sum of two
! thousand, five hundred and forty-siN
| dollars and eighty-five cents ($,546S5)
as received from said Sadie Thompson
Administrative. She objects to thi:
| amount, and contends that ii is in the
| sum of two hundred and three dollar:
and seventy cents (s20370) in excess o.
the correct amount. She alleges that
on or about the first day of February
1894, she drew her check on funds il
Hoge, Brownlee & Co.'S bank for tn
sum of two hundred and three dollars
and seventy cents ($203. 70), and entrust
ed the same to +. T.. Congdon for tn
purpose of drawing that amount ant
turning the same over to her The ad
minstrator, in his petition for an orde
to pay debts, filed January Is, 1884,
charged himself with two thousand
three hundred and fortythree dollar
and fifteen cents (s2,343.15), money be
longing to the estate. That amount /
stated in the order for the payment o
debts, and at no time previous TO tn
| filing of his account herein did he as
sert to the contrary. The evidenc
clearly discloses that this sum Of tw
hundred and three dollars and sevent
of Sadie Thompson and did not belon
10 the estate, and | so find. Sadi
Thompson admits that of this amour
Z. +. Congdon paid over to her the sur
of one hundred and three dollars an
seventy cents (s1O3.70), and says tina
on or about the 9th day OF December
1894. he called at her residence with
pretended order from the court, say
ing that the court had allowed him on
hundred dollars ($100). for his service
in the estate. and insisted that sh
give him a receipt for one hundred do
lars (s1OOD, which she did, but that h
has never returned the one hundre
E dollars belonging to her. He denit
this, and alleges that the said sum
two hundred and three dollars an
seventy cents was paid TO her as fami
| allowance, as follows: September J
| 1894 one hundred dollars, and on Oc
8, 1894. one hundred and three dollar
| and seventy cents. on this point the
is much dispute and conflict in the ev
dence. The administrator allegatio
| is not true, for the reason that IN
money did not belong 10 the estat
Contestant asks that he be charge
with the one hundred dollars. whiC
Z she claims he did not return 10 her. Z
!, | view this transaction, il is not niece
sarv TO determine who has told Il
1 truth regarding the giving of the r
!
! ! ferrcd TO. for the reason that the rel
Z ton Of the parties with reference
J this sum Of two hundred and three DC
lars and seventy cents Is a private on
I aside from the affairs of the estai
and if +. L. Congdon has retained q
said sum Of one hundred dollars. b
liability t. account for and pay q
same can not be determined in n
? proceeding.
l The objection interposed TO the a
: lowance Of the sum Of one hundred al
= twenty-five dollars Sl25), paid 10 5. Y
Davis is overruled and said sum is &
lowed the administrator in his accou
Y and ordered charged 10 the contesta
as payment on her family allowance.
am entirely satisfied from the eviden
that she is responsible for this expe
diture having been made. and furth'
that she agreed that il might
charged 70 her allowance II rejected
the court as legal expenses of the a