The Providence news. (Providence [R.I.]) 1891-1906, 1897-09-25
AN IMPORTANT
POINT RAISED.
Powers of the Court in Matter of
Injunction.
Discuss in Case Arising From the Set
tlem:nt OF III: Shaw Estate.

The question OF how tar the Appellate
Court In this state can by Injunction in
terfere with an oxecutrix residing in anoth-
or state in dealing with mortgaged per-
sonal property in this statewhen there arc
creditors of tho estate Of her testator in
this state and a Rhode Island executor
has been appointe d was taken under CON
sideration after q long hearing by Judge
Rogers today.
job. S. Carpenter, administrator on tho
estate Of William "A. Shaw who died in
tox boro, North Carolina, claims that
not only the interest on IA mortgage note
but the principal of the note which the
estate of Shaw holds on the machinery
in the woolen mills ir Burrillyille
operated by Samuel Miller should be paid
him that he may apply the same to the
payment Of the claims OF Harriet 4.
Brown and Eugene Brown who reside in
this state The amount of the mortgage
note is $4,000 and Mrs. Francis X. shaw
retains 1t and claims the right TO receive
the interest and that when the note is
due IN 1899 the amount for which il was
given.
Frank w. Tillinghast was attorney for
administrators Carpenter and after recit-
ing the circumstances under which the
note was given and stating that the
amount OF interest now due was $3.50.
asked the court to grant an Injunction
restraining Mrs. shaw the execrtriy,
from transferring the note. collecting or
attempting TO collect the interest or fore
closing the mortgage or uSncelling the
same. That Mellor be restrained from
paying the interest TO pay one other than
Job :. Carpenter. who has been duly
appointed administrators on the estate of
the late w. A. Shaw within this state.
m N
the case. Mr.. 1illinghast stated that the
Browns had claims against the estate and
that though Harreit A. shaw had large
amount Of personal property in her hands
belonging 10 the estate of the deceased
she had refused to pay these claims ana
stated that the court would be perfectly
justified in issuing an Injunction as
rrsyed for so that the rights of Rhode
Island creditors might DO looked out for
g. NJ. Van Slyck said he wished to DO
heard rather as n figure Of the court than
as counsel for Harriet +. Shaw, claiming
she could not recognize the present pro-
cess. The question, he said. was whether
process of the court could reach Mrs.
Shaw. she had possession of the note as
executrix previous TO the appointment of
an administrator, and IL was difficult TO
say that the administrator mad the riRit
NO proceed against her for the note. Any
order would te hard to enforce against
her.
He also stated that the con- plainants
must either consider the uote as chore
In action or as n tangible asset If the
former the administrator had n full and
adequate remedy OF law for he could
collect the interest, and If it was taDgi-
beasset whyit must, like any other tangi-
bic assett. be recoverable If jurisdiction
could be established MIR. Van Slyok said
no interest was due by Mr. Mellor, as he
had paid il oil to Mrs Shaw.
Judge Rogers said he understood that
was just tho point the Rhode Island
creditors wanted the money.
Edward L. Lovejoy in bethalf Of Mr.
Mellor. urged that his client might be
forced to pay the mortgage at any time
aud that Mr.. Mellor bad beon informed
that the claims Of the Rhode Island
creditors were tctiditous. A. b. Crafts
! behalf of tho Browns. argued that the
Rhode island creditors had 10 adequate
remedy at law and that the court should
not decide that because service could not
now lie made upon the executrix that
such would always he the case
Judge Rogers took the papers and said
he would announce his decision later on.
In tho meantiIus preliminary iDJuDc-
tion is in force in tho matter.