The Providence news. (Providence [R.I.]) 1891-1906, 1897-09-23
Interesting Case in the
Municipal Court.
SEVERAL CHARGES MADE.
Desires Removal of Thomas F.
west as Administrator.
MOTION TO DISMISS WAS DENIED

NOl ~ DlSINlSS WAS DENIED
In the Municipal Court this morning
the case OF Mrs Margaret West, widow
of the late George J. West, for the re-
moval of Thomas Il. West as one of the
administrator on the estate OF George d.
West was called by Judge Spink.
The case is one of several resulting
from the settlement Of the estate Of the
deceased lawyer and has attracted much
attention from the public. Thomas L.
West, a brother Of the deceased aud the
widow were appointed administrators of
tho estate, but as the affairs we're not be-
ing settled in a manner satisfactory TO
Mrs. West, the latter petitloned the NUM-
oipal Court for Mr.. Vests removal
MIR. West also brought action against
the widow by filing petition for her re-
moval and the Lawyers Surety Com
pany petitioned the court to be released
from the bond of the administrators.
When the court opened MIR. Thomas +.
West was represented by Attorney A. B.
Patton and Judge Palmer Of Cranston,
while the interests of Mrs. West were
look I'd after by Attorneys Wilson, Doran
and Connolly.
Attorney Doran presented the petition
was interrupted by Attorney Patton who
moved for dismissal Of the petition.
MR.. PATTON'S ARGUMENT.
Mr.. Patton reviewed the several sections
of the petition, which alleged that Thomas
+. West was an unfit person to discharge
the duties OF the office owing to his hos
tility to Mrs. West, mis- wastefuluess and
his suppression Of necessary information.
He declared that the respondent had
been appointed administrator, and that
he was discharging the uuties in the best
manner for the interests of the estate.
He claimed that according to decisions
rendered, each administrator had full and
complete power TO make settlements for
the estate and that there was not single
averment that the respondent had ne
elected the performance Of that duty and
that the only charge against him was
thar he had refused TO allow the com
plainant to inspect the accounts of his
administration, which she could have
done by applying to the court. de
thought there was no evidence to show
that the estate had suffered from his ad-
ministration. and for this reason he
argued that the petition should be dis
missed.
MR.. DORAN'S ANSWER.
In answer to Attorney Patton. Mr..
Dorau claimed tttt the petition should
be sustained on the ground of his hostility
to Mrs. West, as such q charge, If sus-
tanned. would be sufficient TO warrant
his removal. He cited decisions To sus-
tain his argument and said that the only
way for the court TO ascertain tho facts
in the case would be to hear the testi-
mony of the witnesses.
Judge Palmer argued that the jursdic-
tion of the court in the removal Of an
administrators was limited and claimed
that hostility on the part OF Mr.. West
toward Mrs. West would not be sufficient
cause, unless the estate was being made
TO suffer by his act. lie said that the
charge of suppression Of information could
be gotten over by petition to the court
to have an accounting submitted by Mr..
West of his administration. Ho argued
that the petitioner had made allegations
of no moment and that charges, IL made.
should be specified.
MOTION DENIED.
After some further argument Judge
Sphinx took the motion under considera-
tion and announced recess.
On his return to the bench Judge
Sphinx stated that the motion for dis
missal of the petition was denied.
MKS. WEST TESIIfIES.
Attorney Doran then called Mrs.
West To the witness stand. Sic testified
that she was one Of the administrators
George !. West ste said there WIS no
understanding with Thomas j. West at
the time of their joint appointment. but
that he told her she need not bother her.
self about the affairs of the estate as he
would iook after everything and inform
Der of al matters pertaining 10 her de-
ceased hu sband's affairs.
fio promised TO bring the hooks and
papers of the estate TO her that she might
Look them over and made many other
promises ns TO the aid te would give in
Strengthening out matters.
Alter much waiting she began to en-
qure from Mr.. West about certain mat
ters in relation 20 tho estate and he re-
fusol to discuss them saying no had 10
time. She requested tho papers from
him at the Office Dut he continued TO put
hor Off. Finally he brought some papers
TO her. but on looking them over certain
documents could not be found.
90 REFUSED INFORMATION.
After his appointment as administrator
she testified there was marked change
in his conduct toward her and when she
desired Information she was refused and
given to understand that she had no right
to- ask.
After several Intellectual attempts TO
INSPECT her husband = Office assets she de-
cided that something must he done. Then
another thing happened which changed
the course of events for while. Mr. West
notified her that he required money TO
buy property on which her husband had n
mortgage. but after she paid 10 he denied
receiving the rent for this house which
she ascortnined was paid his agent. She
went to collect interest on mortgage
and found that 10 had been palG TO Mr.
West.
After waiting many months for n settle
ment shs went 20 law firm but To them
MIR. West denied having In the office any
property belonging 20 her late husbands
estate. She tnen placed her case In Mr..
Doran's hands, but since then she has
gained little headwny.
Here the court took n recess for lunch.