Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1897-07-23
THE HALE CASE.
The Famous Foxcroft Matter Before
Judge Burgess at Bangor.
Complicated and Full Of Legal Points So De.
lishtiul to ihe Lawyers.

Bangor. July 22.-In the Penobsco'
| court of probate and insolvency, Judgt
| Rurgees sitting. on Thursday forenoon
there was heard part of most inter
| esting ease. in which are involved
some of the business transactions OF
| elias j. Hale of Foxcroft, treasurer OF
| that town. judge of probate in Piscata-
quis county and. as appears by this
case, executor OF the estate of Mrs
| Julia NJ. Wright of Guilford. who died
in 1893.
The case is so complicated with legal
questions that an ineligible statement
in newspaper is difficult ofexpression
1t appears that at Mrs. Wright's death
Judge Hale, then treasurer of the town
and judge of probate of the county, be-
came her executor Being unable to
appear before himself, the estate was
transferred from Piscataquis to Penob-
scot. and Judge Hale received his let
ters testamentary from Judge Burgess
in Bangor. That is how the case hap
pens to be heard here.
That was in 1893, that Judge Hale
was appointed executor of the Wright
estate.
1t appears that part Of that estate
consisted in a note held by Mrs.
Wright, of the town Of Foxcroft given
her on a loan by Treasurer Hale. This
note. upon which there may be said to
lie the same conditions which have
qualified similar instruments made by
Judge Hale a few years before hi,
,1a a, 4 ~
lowing it. had thus passed from the
hands of Treasurer Hale to the posses
sion Of Mrs. Wright, and then. by her
death, into the custody of Executor
Hale, as a part of the estate.
Executor Hale did not settle the
estate at once: nor was ii in proper
condition at the date of his death. sew
eral years following the assumption of
the duties of administration by him
~ his death. the estate of Mrs. Wright
passed into the hands of a Mr. Emery.
acting as administrator de bonis non
Judge Hale's property was taken by
his administrator, DR. William Buck.
who at once began the proper proceed
ings for the settlement of the affairs
of the deceased.
the inventory Of the Hale estate in
which he charges himself with a bal
dnce OF Si33.24, (the note in question:,
due from the estate of which he has
charge to the Wright estate And to
settle the account between the two
estates, DR. Buck offers the note in
question.
mis- offer of the note dhe administrator
DC bolMs non Emery. OF the Wright es-
tate refuses to accept. saying that the
note was given without authority that il
Is an invalid instrument that Hale knew
ii to be an Invalid instrument ai4.. that
that knowledge continued with him up
to and including the date upon which ne
assumed the administration of tha
Wright estate
Thus the administrator de honis non of
the Wright estate. recognizing the charge
upon Inc Hale inventory in its favor. de-
mafluS e;tSn payment in place of the
note. And upon the refusal of the adj
mlnis7rator of the Hale estate to make
such payment in cash of the acknow lodged
indebtedness. said Emery demands that
the bondsmen of Hale are liable the Ma
riIty having been incurred through an
unlawful act of his before his creation
as executor of Mrs. Wright
f. A. Floyd. ESD. is for the adminstra
tor de bonis non, Mr.. Emery of the
Wright estate. and c. w HAYES Is far
Buck. -
Judge burgess has stated, with reIa tion
70 the case, that in his opinion the IN
Vtnlory being properly drawn, ii was his
province to ignore any other consider,
lion and to allow the admission of me ,c-
count of the Hale estate.
mere WAS To be another Meeting before
the court on Thursday afternoon az
Wiilch time some agreement was TO be ar
rived at If possible. There is a proha-
Diifty that the main question will 20 To
ne law court for decision. The question
Of the bondsmen's liability Is extrana,,
fine and obscure.