The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1897-12-25
NIL ESTATE Commission.
.rvAl AGENTS SELL TIME SAME
PIECE OF PROPERTY.
.-s.,>stfng Questioss In Conneetioa
vvath the EbbinghOuse Estate-
c~~promise Settlement Elected
- The Essity Court Roon-Astes.

shn ouess.cu OF a real estate commission
a. TIA clearinghouse estate came up for
ss.rfnr before Judge Hsdiey In the equity
1.oartruen, OF the superio. court yester-
40 The facts of the case. az developed
= fha court room. were about az follows:
rrs Ensanghouse left an estate incIud-
- tos 4 block Sc. Of Terry's Second add
sfar ard as there were debts connected
-s4h the estate the executor applied for
nave to sell the lot al private sale. Tay-
lor Co. agreed with the executor that
Il they found purchaser they were TO
havs 4 commission. On December Iay-
ar had buyer. who offered S.se. and
secordinsly a sale was reported to tho
court. and q notice was published that the
natter of confirming the sale would come
a Tor hearing In the probate department,
On December II.
T,urinx the sine this notice was rum
rfns George Kelly went to the executor
and offered TO and purchaser who would
"a % per cent more. or $3.50. Kelly did
n Fact ind such q buyer. and on Deem
~ H. when court opened. Kelly was on
hand With his man 10 bid the latter sum.
The court confirmed the sale TO the last
bitder and the deed was filed this week
Ttsn Il developed that the executor had
alse agreed to pay Kelly per cent. COM
Eission for finding buyer. Each real
estate man WAS accordingly claiming a
commission Of per cent.
The executor. Otto Ehbinghouse. insisted
that Only one was entitled 10 a commits
sson with this view he allowed the claim
Il Kelly for $les. Thereupdn Taylor made
application 10 have his claim allowed for
m Do the question came before the court
IS 10 who was entitied 10 the commission
FRED II. Peterson. who appeared on behalf
of the estate. objected to tho adjudication
of TAyloY's claim by the court, on the
ground that inasmuch az Taylor had not
presented his claim to the executor the
court had no jurisdiction. Judge Hadiey
sustained the objection, and all Taylor
could do was to sue. Thefeupon the court
proceeded to hear evidence whether the
claim of Kelly for sfss. allowed by the ex-
ecutor. should be approved by the court.
After hearing the evidence the Judge sim
ply stated that he would also refuse TO al
low the claim OF Kelly until in a proper
suit Il was decided whether or not Taylor
was entitled to q commission. Az all par
~ seemed 10 be out Of court, the Judge
suggested that some settlement he made
between the parties, as Ii seemed TO him
there was merit In both claims. and that,
inasmuch as the estate had been
much benefited. something should be
paid. Aessrs HASTE and Ronald and the
attorney for the executor then held q con-
sultation snd finally II was agreed that
each OF the two real estate agents should
have tl0 In full payment of his commits
son. The executor was called on for his
consent. and naiveiy remarked in court.
am tired Of this monkey business. and
want II settled" As this was q drive at
the squahbis OF the attorneys. every
body laughed and the court Joined In. say
ins he was glad that SO speedy and so
iast settlement had been reached In the
triangular fight