The Portland daily press., 1897-11-04
TROUBLESOME HALE NOTES.
Hearing on One at Bang or Results in Re
versal of Probate Court Decision.

In the Supreme Court on Tuesday, be-
fore Justice Foster, there was argued n
case which involved one of the notes OF
the late Judge Elias j. Hale of Foxcroft,
piyen by him as treasurer of the town,
and passing, later, into his hands when he
became executor of the estate of Julia I'd
Wright Of Guilford deceased In 1888.
Thus. rs executor, he held one OF the
town notes issued by himself as treasurer.
This note, upon which there may Dc
said to lie the same conditions which
have qualified similar Instruments maze
by Judge Hale few years before MS
death, and the unfortunate charges fol-
lowing it, had thus passed from the hands
of Treasurer Hale to the possession OF
Mrs. Wright, and then by her death into
the custody of Edward Hale, as part OF
the estate.
Executor Hale did not settle the estate
of once, nor was it in proper condition
at the date of his death, several years tol-
lowing the assumption of the duties of
administration by him. At his death,
the estate Of Mrs. Wright passed into the
hYn0S OIL MdIJ HSu1AE No
traitor de bonis non. Judge Hale's prop
erty was taken by his administrators, DR..
William Buck, who at once began the
proper proceedings for the settlement of
| the affairs of the deceased.
Dr. Buck came into court with the in
yentory of the Hale eetate, in which be
charged himself with balance of $735. "a
1.-THE note in question, due from the estate
| of which he had charge to the Wright
Aud 10
| tween the two estates, DR.. Buck offered
| the note in question.
| This offer OF the note the administers
tor de tonis non, Emery, of the Wright
estate, refused to accept, saying that the
note was given without authority, that it
was an invalid instrument, that Hale
knew it to be an invalid instrument and
| that that knowledge continued with him
I'D to and including the date upon which
he assumed the ADMINISTRATION of the
Wright estate.
| Thus the administrator de bonis non
of the Wright estate, recognizing the
charge upon the Hale inventory In Its
| favor, demanded cash payment in place
of the note. And upon the refusal OF the
administrator Of the Hale estate to make
such payment in cash of the aoknowl-
edged indebtedness, said Emery claimed
that the bOndsmen of Hale were liable,
the liability having been incurred
through an unlawful act of bis, before
his appointment as executor of Mrs.
Wright. \
The case was heard in Penobscot ooun-
| ty, before Judge Burgess, in the court OF
probate in Bangor. Judge Hale presiding
over the Piscataquis court, in which the
Wright estate belonged, could not ap-
point himself executor, and, as is al
lowed, came into Penobscot and received
his appointment from Judge Burgess.
Thus the case came to be heard In Ban.
go on July 90, Judge Burgess sitting.
i Judge Burgess ruled that the payment
of the balance existing between the Hale
land Wright estates, in favor Of the latter
should be paid by the administrator In
cash, and not in the note in question.
| On appeal Of DR.. Buck the case went
to the sSupreme Court, and was argued
before Justice Foster on Tuesday. Jus
| tice Foster reversed the decision Of the
| Probate Court and sustained the case o.
DR.. Buck.
F. A. Floyd, Esq, was for the admin
| istrator de bonis non, Mr.. Emery, Of
the Wright estate, and G. W. Hayes fol
| the administrator of the Hale estate, DR.
Buck. Bangor Commercial.