The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-12-22
SETTLEMENT OF MRS. MINT
ZER'S ESTATE.
CASE WILL COME UP TODAY.
FURTHER CONTINUANCE IS DENIED
UNTIL WATERS SHOWS COLOR
OF TITLE.
TERRIEN CASE TO BE RETIRED.
Street Railway Company Secures n
Reversal of "a Verdict for Per-
sOnaI Injury Damages.

The claim Of Joseph Waters against
the estate of the late Mrs. Anna Mint
zen, to whom Waters says he was mar
ried seven years ago, came up in the
probate court yesterday forenoon. The
hearing on the merits, however, was
deferred until today.
Mr.. Waters himself was in court,
having arrived in ST. Paul Sunday
night from Moline, Ill. His appear
ance is that Of man about seventy
years of age. His attire is neat, and
suitable to man of his years.
Mr.. Waters was not in very COM
municative mood. He said in response
to the questions of a reporter that he
lived In Moline, where he is engaged
in business. Referring to his claim
against the estate, Mr.. Waters said
that he was married to Mrs Mintzer
in the year 1890 by Justice of the Peace
Burgess, who is now in an insane
asylum, and that several people wit
messed the marriage ceremony.
Asked if Justice Burgess made a
record of the ceremony, Mr.. Waters
said he didn't know. That was Bur-
CESS affair But Mr.. Waters did know
that Burgess issued a marriage Ger
tificate, for he had it in his possession.
That was all Mr. Waters cared to say.
j. d. O'Brien and E. H. Murphy rep
resented the administrator, Hayden
Cole, yesterday, while Harvey Officer
and G. N. Bell appeared in behalf of
Mr.. Waters.
Attorneys Officer and Bell opposed
the application of Administrator Cole
for an order of the court authorizing
partial distribution of the estate
They contended that such an order
could not be made until the final &C
count of the administrator had been
filed and approved. Then Mr.. Waters
would offer proofs of his marriage
We are willing to meet the ISSUE"
said Mr.. Officer, when the administra-
tor files his account"
Judge Willrich did not agree with
the position taken by Messrs. Officer
and Bell. The probate court had the
right, in his opinion, to order partial
distribution of the estate before the
administrator filed his final account.
Proof of heirship should have been
presented at the time letters of adj
ministration were issued 1t was i'm
portant that Mr.. Waters should es-
tablish, as soon as possible, that he
was the husband of the deceased. Mrs.
MintZer, as the count should know at
once who had the right to object to the
distribution of the estate
Mr.. Officer said that Mr.. Waters had
but just arrived here. and he thought
he should have time to consult his at
. torneys. He would ask for a continu-
ance until after Christmas
Mr.. O'Brien urged that the motion
for continuance should be made in
the usual form, disclosing what dill
gence they had made, and what proofs
they proposed to advance Mr.. Waters
had not shown that he had any more
interest in the estate than any random
interloper. If these things could be,
then any man from the street might
come in and delay the course of Justice.
He wanted an affidavit of merits,
something under the oath and sigma
ture of Mr.. Waters, so that he might
be held responsible for his appearance
as claimant. Mr. Waters must have
had some idea Of the contest that
would arise. He had not moved in the
matter for long time after the death
of Mrs. Mintzer.
Mr.. Officer, while Of the opinion that
he had a right to a short continuance.
said that he would. if the court in
sisted, use diligence to bring his wit
nesses into court. He wished time to
serve some ten subpoenas on his wit
nesses. He proposed to prove the case
Of his client. and he would prove it.
He thought he would be able to sat
isfy the counsel before he was done
with the matter. He would not ask for
a formal continuance, but rather for
a short time in which to bring in his
witnesses.
Mr.. O'Brien insisted that the matter
should be heard at once without the
delay of ten minutes. He thought Mr..
Waters had more than sufficient time.
The court agreed with Mr.. O'Brien.
that there should be no unnecessary
delay, and announced that the case
would be taken up at 10 a. m. today.