The Providence news. (Providence [R.I.]) 1891-1906, 1896-01-24
Administrator Strives to
Recover From Appraiser.
Assignee Claims Mortgage
Was Not Considered.
Demurrer SuStained--RescriptsFiled
in Appellate Division Today.

The trial OF the suit Of Crawford M.
Fairbanks administrator of the estate
of the late Horace Daniels OF Lincoln.
against DIR. A. A. Mann OF Central Falls,
to recover $50, took place before Judge
Wilbur this morning.
1t proved a very interesting one until IL
came to rather an abrupt ending. DIR.
Mann was enc of the appraisers on the
Daniels estate and his first charge for
his services was 600, but he afterward
agreed to take $50, which was paid him.
When the administrator account was
approved by the probate court of Lincoln
the heirs OF Daniels took an appeal and
several items in the account were reduceds Il.
Among these items was the $50 allowance
for each appraiser and Judge Douglass
in a rescript reduced the appraisers allow
ance to go each.
The suit brought today was TO recover
the difference between the amount allow
ed by the coart, go, and the $50 Mr..
Fairbanks had paid Or. Mann. After
opening the case to the jury Mr.. Bassett,
who represented the plaintiff, offered
the rescript of Judge Douglass reducing
the amount Of the appraisers fees. Mr..
L. L. Angel, who represented the de-
PENDANT, promptly objected to this
paper going to the jury, claim ing 1t in
no way bound DIR. Mann az he was not
represented in the case before Judge
Douglass.
Then there was q long discussion be-
tween counsel as to the stanoing Of DIR.
Mann ia the present case. :
Mr.. Bassett contended that appra isers
were officers of the court and that their
fees were matters that were within the
control of the court OF probate or the Su-
preme Court Of probate.
Mr.. Angel contended that the defendant
was in no way a party TO the appeal OF
the heirs against the administrators ac-
count as he had been paid for his SER
vices by MIR. Fairbanks. He had a legal
or technical knowledge that be was inter-
ested in the appeal aad coupse thought
that the paper offered by Mr.. Bsssstt
should not be admitted
Mr.. Bassett again argued that DIR. Mann
was an officer of the court and was con
clusively unoer the decision Of Judge
Douglass
Judge Wilbur ruled that the decision of
Judge Douglass was not conclusive a.
against DIR. Mann. So the trial proceeded.
The plaintiff was the first and only wit
ness in the case, and he testified he had
paid the balance of $50 that he had paid
DIR. Mann into the funds OF the estate.
Mr.. Angel moved for a non-suit on the
ground that the plaintiff had sued as adj
ministrator and IL ne received the sum
sued for il would have to be held for
general distribution among the heirs as the
$50 due the estate for excessive appraisers'
fees had been repaid.
The court granted the motion.
APPELLATE DIVISION.
In the appellate division OF the Supreme
Court today a hearing was had on the ds-
murrer of the plaintiff to the equitable
pleas of the defendant in the case Of Mary
j. Conlon ct al. VS.. James McNally, ,trus-
tee and wife, and after argument the de-
murrer was sustained.
John w. Hogan for plaintiffs; J. NJ.
Ripley, j. ID. Thurston and j. Henshaw
for defendant.
In the same court was tried the case OF
Henry j. Dunois, assig nee against Charles
IL. Blake and Daniels q Cornell. In 1898
Elmer II. Schofleld, a grocer, made an
assignment Of all his property to Mr. Du-
bois and the present action Is brought to
have n mortgage given by Schofeld In 1893
for $1,000 to Blake, an employee of Dan els
q Cornell. as the assignee now claims
without consideration.
The defendants claim that the mortgage
was given TO secure the repayment OF
money advanced to Schoheld in order
that he might buy out a PARTNER. d.
II. Potter for complainant, and 5. :.
Lapham for respondents.
In a rescript filed today in the case OF
William Hickey ct al. w. John Il. Ryan,
the court overrules the exceptions taken
TO the decision OF the District Court CT
the 10th j~udicisl district.
Judgment for the pliintif fo- st7S 90
and costs was entered In the appellate
division OF the Supreme our today in
the case OF the woonsocktt Electric Ma
rnfuv and Power Company Va. Joseph ].
Hubert.
Joseph III. Hyde & Company va SAM
,el Marks. Discontinued, nc costa.
Judge Tillinghast today granted CalixtS
Cloutisr OF woonsocket n divorce frors
| his wife, Marie Exilda Cioutier. The case