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

agent. and he busted himself with the
property Of Conroy and with his affairs
in the woods and elsewhere. and all TINS
for the reason that he was Interested IN
the affairs and contracts OF Conroy,
hoping for his success to the extent, AT
least. as he admits, Of securing the
fifteen hundred dollars due himself, and
the five hundred dollar note. Was this
conduct Of the administrator dishonest
or fraudulently intended? / shaI not
say that il was. in fact, but II Is such
as TO make him liable.
Section PAS. Second Division. Com
piled Statutes-Every executor and ad-
ministrator is chargeable on his own
account with the whole of the estate
of the decedent which may come into
his possession. at the value of the APP
praisement contained in the inventory.
except as provided in the following sec
tions. and with all the interest, proht
and income of the estate:
Section 249-He shall not make proht
by the increase. nor suffer loss by the
decrease or destruction without MS
fault Of any part of the estate, etc.
Aside from these statutory provisions,
the general law governing trustees VIII
not permit them to use trust property
for their own advantage. The evidence
discloses that the use of the property
I'm question had a value, II was used
for long time in the furtherance OF
the private interests OF the administra-
tor. and he must be charged with the
value of its use. 1t is immaterial here
in that Conroy's business ventures
proved unsuccessful The very fact of
the administrators having permitted
the property to be used i'm the manner
I'm which IL was, renders him response
BILE for the market value " the use
thereof. Counsel for the administrators
argues that the Administrative.
1T hA
blameable and charEeahle on her
conduct with reference to this property.
Admitting that she was. | think have
indicated that this administrators can
not plead such fact in bar OF his ohh-
CATION and liability. He further ar
CUES that the evidence shows that the
administrator took possession of this
property from Conroy FOR the express
purpose of selling the same and apply
ing the proceeds to the payment OF the
five hundred dollar note and interest,
and he thinks that, If II had sold Tor
more than enough TO do SO, Conroy
would have been entitled to the surplus.
and assumes that the contestant or her
attorneys would never have questioned
| the transaction, or the ownership or
Conrov. derived through the sale 70
! him. have shown that as matter OF
| law Conroy was never for one moment
| or at all, the owner Of this property.
| ministrator acts for the heirs, the
creditors and the court. under ohliga-
| tions of trust the most sacred and bind
! ing. and that lack of objection in mat
! tiers like this does not and can not le-
! galize that which has not been done IN
! accordance with law. The property
| which was received from Conroy inc
! administrator afterwards received an
| order of court for the sale thereof, oner-
| ed the same for sale and had IL bld III
| for himself for the sum of three nun
dred and nine dollars, ($300 which ne
| charges to himself in his account rms
| pretended sale was never reported 70
! the court for confirmation. To thlS
! transaction an objection has been int'r-
| nosed. and counsel for the adminiStra-
| TOR admits that the objection Is wei
| taken. and the sale was Invalid. ne
| fact that he charged himself win 'h'
full value Of the property is "i no con
sequence The statute disposes OF TINS
matter.
Section 224. Second Division, Com
piled Statutes-No executor or admin
istrator must. directly or indirectly
purchase any property of the estate ne
represents. nor must he be interested
i'm any such sale.
therefore give the administrator
credit for the three hundred and nine
dollars. and charge him to account FOL
all the property which was offered al
! such alleged sale and all property
shown in his petition for order OF sal
TO the estate. The evidence also tend'
10 show some other property belongings
to the estate which did not come int
his possession He is charged to TAX
possession Of all such property. II tn
same can he found, and TO fully &C
| count therefor.
The evidence shows that, after tn
alleged sale. the administrator sold
team Of the horses. upon which he re
| cciyed the sum Of fifty dollars TheS
. horses he afterwards took back, but re
tanned the fifty dollars. ] therefor
charge him with this sum. nifty dol
, lars, as money belonging to the estate
The contestant objects that. said sal
being void the administrator Is charge
able with the value Of the use Of tn
, horses and outfit from the date of TN
, alleged sale. The evidence disclose
: that he has had the property since sal
time, but does not disclose the use.
= any, that he has made thereof, or IN
: expense, II any. incurred. So ! sha
[ pass this matter, requiring the ADMIN
. | istrator to account fully regarding IN
! same in an account TO be hereaft'
- filed
! II is admitted by counsel for the al
| ministrator that the Comwissi0
T charged is in excess Of the amount a
' lowed by law. This occurred. IL
). | claimed, by misdirection. The cntll
a amount Of commission charged
). therefore iisallowed. with leave
5 make claim for penSttion In u
q account To be hereafter filed by him.
/ come now to the question OF famt
g. | allowance.
/ on June Il. 1892. on the Applicant
J OF Sadie Thompson. the court mad" Do
l. / an allowance OF seventy tiN" dnlla
N per month for one year from the d"a
Y of the deCedont for her support.
>. ! December !. 1884, an additional ord
IL was made Of allowance for her suppo'
z and setting aside a homestead. on q
is petition of l.. T. COngdpu. adwinistr
# tor. This order continued the all''
s. ance Of scyenty-fivc dollars a mont
is formerly made This estate was inS5
le vent, and therefore tha allowance
/ support TO the widow was limited, n
le der the statute. 10 one year on ia
IT Is. 1894 this administratar filed }