The Somerset reporter., 1897-01-21

loan and debt, and that said first named
was not the purchase price of said premises,
but was the balance of said loan and debt.
Thirteenth-Ihat said Hiram b. Williams
claiming to act as the Agent of the respon-
dents, pretended owners of said premises, has
divided and distribu to himself and the
other defendants heirs of said Lawrence
Williams and owners of said real estate. the
said ten hundred eighteen and thirty one
Fourteenth-Thst at the August term A d.
1896 OF the said Probate Court for said Somer-
set County, this complainant filed in said
Court petition that said Hiram b. Williams
in his said capacity as Administrator of said
estate of Lawrence Williams, be required to
account tor the sum of fifteen hundred dollars
received by him from said Ira w. Page, (see
petition on file with bilD and thereupon the
said Hiram b. Williams made answer that
none of said fund was collected by him in his
said capacity as Administrator of said estate
of Lawrence Williams, but that all the same
paid to him as the Agent of the heirs of
said Lawrence Williams as the purchase price
OF said premises. and was by him such
agent of said heirs Immediately paid and dis
tributed to said heirs, as appears by his said
answer in said Probate Court, {see answer on
file with bili).
Fifteenth-That since the prete nded sale of
said premises to said Page, and the payment
by the latter to said Hiram B. williams Of the
balance of said loan to wit, the said ten humid
red eighte en- dollars and thirty two cents, he,
said Hiram b. Williams, having first distribut-
ed said money to the respondents heirs of
said Lawrence Williams, has filed in said Pro-
bate Court his account as Administrators
aforesaid and has settled said account, and
has not therein included or allowed said col
lection or any portion thereof; that the Judge
# said Probate Court has, upon application of
this complainant by him made in writing by
petition as aforesaid, declined to determine
that said sum due from said Page was proper
iy scheduled AZ personal property of the
estate OF said Lawrence Williams, and should
be treated AMI accounted for by said Hiram
p. Williams, Administrator, n the settlement
o. said estate, and did thereupon at the
December term of said Probate Court, held at
said Skowhegan on the second Tuesday of
he \ ID 10 n hp 81 oh n do
of said December, A d. 1876. dismiss said
petition Of this mplainant, as appears by
the records Of said Court
Sixteenth-Forasmuch therefore as this
compla nant in his said capacity has not
complete remedy at law in the premises, he
prays that said respondents may make true
and perfect answer to the foregoing allegations
in aid complaint. answer on oath being ex-
pressly waived, AND that said deed of said
+ Page to said Williams and said agreement to
reeonvey said premises be decreed to have
been security for said loan and debt and to
have been evidence of debt and personal pro-
perty of the estate of said Lawrence Williams,
and not muIimeut of title real estate; and
that said deed OF release or quit claim from
said Hiram b. Williams and others to said
Page be decreed to be in effect a discharge of
said premises from the incum brance thereof
or cloud upon the title create by said deed
and agreement, and not in any other sense a
conveyance of said real estate: aud that the
respondents be required to pay and turn over
to said Hiram b. Williams in hi said capacity
the sums OF money amounting IN the aggre-
gate to ten hundred eighteen and thirty- two
one hundredths dollars, received by the m
from said ra w. Page as heretofore stated, for
distribution as part OF the personal estate of
said Lawrence Williams, and that said Hiram
B. Williams, Administrator aforesaid, be
ordered so to make distribution thereof: or
that Que half of said amount so collected of
said Ira W. Page as aforesaid, be paid by said
respot dents to said complainant in his said
capacity as Administrator de bonis non with
the will annexed OF the estate of said Eme1ine
Williams, this court may decree; and for
such other aud further relief in the premises
as to this Court may seem Just and equitable.
December 81. 1885.
ANDREW HAYES, Admr.