The morning times., 1896-08-11
.LAH ABSORBED THE ISTAIE
District Is in. Debt. Over the
Patterson Money.
HE DIED WITH NO KIN
Six Hundred Dollars Were Found
son HIS Person and Litigation Has
Taken It .All-Case Crops Up on a
Motion 60 Annnl an Award in the
Orphans Coart.

Ine humble estate of David Patterson,
who died in this city July Is, 1884, has
been the subject of,iitieanon for ten years,
and comes up next IN the orphans court,
upon motion filedswtth Register McGill
by. Attorney Thomas, In behalf OF the Dis
trict, to set aside theiproceedings in which
settlement VASE made in favor OF the
administr ator, Attorney Charles Cowles
Tucker, upon the accounts as presented.
The motion made by Mr.. Thomas recites
as his reasons for having the award set
aside, tha tthe aecouuts were presented
and approved witb0at notice to the Dts
trict. He also sayntbe allowance of counsel
fees was excessive and exorbitant, and that
the commissions allowed are eexcessive, and
not based upon moneys actually collected.
The litigation threatens to rival In many
OF lis details the case OF Jarndyce VS..
Jarndycc.
Wnen Patterson died there were no
kindred or other friends to take charge of
his remains, and the last offices were per-
formed by the police department. The sum
OF &650.1O was found upon his body, and
under the law Chief Clerk 8 SyIvester became
custodian of the money. When two years
had elapsed and NO claimant appeared, the
money was cOnveyed Into the police relief
fund, under the operation OF the statute
governing the disposition of abandoned,
property.
A CLAIMANT APPEARS.
Thomas Kurtz came forward, However,
In 1891, as a claimant against the estate.
He filed a bill OF 500 for services rem
dered several years prior to Patterson's
death. AS his nurse and attendant during a
spell OF illness. The date OF the service,
1t is understood, began In 1888.
Attorney Franklin Aackey appeared as
counsel for Kurtz and In due time Mr..
Tucker was appointed administrator, and
finally the case wentto the court of appeals,
with Richard Sylvester as a party repre-
sentative of the District. -'-,-
In the printed brief filed at that time, Mr..
Thomas declared:
1T is hardly possible TINT Kurtz, unn-
fluenced by designing persons, who expect
in some way or other to get hold IF this
money, would have waited seven years
before filing claim"
This terse sentence Mr. Thomas had
printed in small capitals, BY way OF
emphasizing the sentiment.
"A AINA 0N ASSoOH1.
Kurtz claimed that during the illness OF
Patterson two payments had been re-
ceived by him on account, one OF So and
one OF So, and that after Patterson's re-
covery he executed to him, Kurtz, a note
for 500, to be met in two equal pay
ments, but the note had been lost and
never renewed.
Judgment was rendered for 500, and
Congress appropriated for the claim and
costs, but Omitted the interest. When 1t
reached Auditor Petty, in the course Of
its circumiocuti0n, that Officer pointed out
that there was no intepsst allowed, but
nevertheless interest entered into the ac-
count, and the cOetsy hargcs and interest
under the Judgment included the entire
sum originally passed into'the relief fund,
with about $500 additional and upon this
total sum commission was charged.
The items as proved before Auditor
Payne, OF the District court, are: The
Kurtz claim. s$l60, costs taxa bic ,sS43. so;
printing. SIS; attorneys fee, $3.50; COM
missions, at 10 per- cent on 81, ,103.O7;
with other items-the commissions nd the
attorneys fee bcingI those to which At
torney Thomas exrepts.
BALANCE STILL DUE.
The administrators acknowledges to
have collected $6e94O, but the balance,
he claims. is still due from the District,
and when cited 10 show cause why he
should not make an accountssg, he gave as
tile reason that until the balance came
into his possession he could not render
a final account.
The result OF the litiga alton up to the
date OF filing OF the notice by Attorney
Thomas is that the entire sum found In
Patterson's possession has been absorbed,
and the District is in debt in the sum
OF $4O0 and over upon claim originally
stated to be 500. and the legality OF that
claim is combatted as unreal and unjust