Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1897-05-07

ingly permitted judgments to be taken
against the estate on forged Instruments.
NO evidence was attempted to be offered
70 sustain TINS sensational allegation: al
tnouSh wide latitude was given the attor-
neys for the petitioners to probe TO the
very bottom of all facts connected with
matters leading up to the same
Sixth-"That Browne and Lovelace never
made any defense in good faith against
said judgments and that they knew the de-
ceased was in n shattered mental condition
at the dates of said Endorsements and not
responsible for his acts
On the contrary the proof shows that
vigorous defenses were made by able at
tolEeyS for the executors, and as to the
shattered mental condition of the deceased.
no evidence was offered in this connection
nor would anything which transpired dur
ing the trial of this case warrant the court
in believing that the deceased was any
thing but q shrewd business man and
banker. maintaining all of his mental fac
Lltles at this time.
Seventh-"That Browne and Lovelace
conspired with certain persons who wrong
iully claimed TO be creditors of the estate
and had knowingly permitted fraudulent
Judgments TO be takea against the estate
when they knew said claims to be fictitious
and based on forgeries.'
This allegation, while sensational in its
nature, was not referred TO in the proof
and in no manner can the court find that
at any time Were the executors guilty OF
any such disreDutable and corrupt prac-
tees, and the court does not hesitate in
saying. that had there been a suspicion Of
such facts on the part OF the executors
shown. he would gladly exercise his rights
and remove them.
Eighth-"That Browne and his associates
are fraudulently specializing in assets OF
the estate and for that purpose are cor
ruptly purchasing liabilities of the same"
Tc support this allegation it was shown
that on the application of the receiver of
the Northrup Banking Company the lat
made by the deceased to the Merchants
paid par and interest for said note. A
simple business transaction on the part of
the receiver, this is all. No fraud. co,lus-
sion or speculation can in manner be, by
this transaction. charged against TIE ex-
eCutor.
fraudulently and with intent to dissipate
the assets of said estate and conspiring
with pretended creditors of said estate OBJ
tained orders of sale from the probate
court without giving notice as required by
law
The records in this Office show that
in every instance where orders were OBJ
tanned and orders were obtained in all
cases. legal notice was given. as provided
by the statute. and the proof of publication
credits are properly applied. and no evi-
dence of any fraudulent transactions or
sales was ever attempted to be shown by
Tenth-"That Browne and Lovelace for
their own personal use and benefit, have
fraudulently permitted judgments to be
taken and appropriated the amounts of
said judgments. and have permitted one
legatee to dissipate property. of the es-
tate"
The evidence On this point shows that
the same was adjudicated in a court of
record, and there passed on, and all mat
to the probate court at said time. The rec
ords in the office further show that said
residence, so removed. to remain on said
premises. but that the court refused said
order and directed the same to be removed
that any fraud WAS connected with this
matter.
Eleventh-"That Browne and Lovelace
are fraudulently wasting the assets of the
estate, referrins to allowances heretofore
made to said executors"
No proof was offered tending to show any
representations on the part of the executors
to have said allowances made and every
charge for themselves or their attorneys
were fully reported to the probate judge;
and such as they have received We're by
the court allowed after proper notice as
ordered by the court, and it is not for this
court to review this matter and pass upon
the reasonableness or unreasonableness of
said charge. All notices for said allow
ances Were published in newspaper of
general circulation in this county and all
persons interested had such notice as the
law requires to be given.
Twelfth-''That the executors have fire.
Guently settled claims due to said estate
for small sums when they knew said claims
could be collected
To support this allegation, it was shown
that the executors had compromised a
claim against F. II. Betton of 81 90 for Si00
This Is shown by the records in this Office
and the records further show that the
report of the appraisers appointed by the
court who were three disintsrested persons,
fixed the value of said Betton note as
worthless; and in the mind of the. court,
when the executors obtained 800 from said
NJ sol 10
estate.
Thirteenth-'That the executors charged
unjust accounts against the estate and re-
fused to make full accounting to the court
and have corruptly concealed from the
court the true condition of the estate"
The records and the proof show that the
as is provided by law: three of which have
been approved by the court and the fourth
filed, but no date set for hearing of
same. No evidence concealing the
true condition of the estate was offered
and nothing presented to the court that
would warrant the court to sustain this
charge.
Other minor allegations of fraud and mis-
management are claimed by the petition
ers, but no testimony tending in the slight
est degree showing fraud mismanagement
or corrupt practices has been shown. and
yet the entire claim of the petitioners was
such fraud, forgeries. mismanagement and
corruption. and while it may be true that
some of the heirs have not received as
much of the estate as they wanted, before
the creditors are paid. this is not sufficient
for removal since to pay off the heirs and
legatees before the debts are paid (and it
is admitted that the estate is still greatly
indebted). would be establishing a prece-
dent most dangerous and unjust.
There has been no evidence presented to
the court which would justify the court
in finding the present executors of said
estate unsuitable persons to act such,
nor can the court find any evidence that
said estate is not being administered for
the advantage of the real parties in inter-
est: but, on the contrary, all acts and
matters performed by said executors have
been open and as shown to the court,
above suspicion: and. to the mind of the
court. their acquaintance with the affairs
of the deceased. prior to his death and
since said time, make them more than
suitable persons to act as executors and
more competent than others.
For the reasons that no proof has been
offered to sustain the allegations in said
petition for removal, it is ordered by the
court that said application be and the samo
is hereby refused. and it is further ordered
that the costs of this case be paid by the
petitioners taxed at s|). and said ex-
ecutors ordered to pay the same and take
credit for the same, and charge said
amount against the respective shares of
the petitioners of said estate.
H. NJ. HERR.
Probate Judge, Wyandotte County, Kas.
HnHinE Mt Harvard.
From May Scribner's.
HaZing so far as [ knew it personally