The Somerset reporter., 1897-01-14
ABSTRACT OLE BILL


Biz is dated December 3lst, A. d. 1886, and il
! filed in said court January nd. 1891. The Com
plaiuant complains iii substaLc as follows
Fn-t-That said Emeiue " ilans, who died
on October 3lst. A ID. 1873, was the wife of
Lawrence Williams late of said Hartland de
ceased.
SecOnd-That said Lawrence Williams died at
said Hartland Intestate on March 22nd, a.
ID 1898, leaving as heirs the said respondents
above named.
Third-That said Emeline Williams survived
her said husband and by operation of law be
| came entitled 10 one-half part of his personal
estate.
seized and possessed of certain real and person
al estate and after his death said Hiram b..
Williams duly appointed administrator of
said estate of said Lawrence Williams and gave
bond and entered upon his trust and the dis
charge of his duties such, and duly filed in
the Probate Court of said County of Somerset
an inventory of the real and personal estate of
said Lawrence Williams deceased.
Fiftir-That pEior to the death of said La vrence
Williams to wit October 9Th, A. ID 1888, said Law
renee Williams loaned TO one Ira w Page of said
Hartland the sum of fifteen hundred dollars and
to secure the same and the payment thereof said
Lawrence Williams then and there and as part
of the same transaction took from said Page a
deed of certain real estate situated in said ii art
land, as by deed of that date appears (see copy
of deed on file with bib and at the same time
and as a part of the same transaction, and in
order to show that such conveyance was so taken
as security for the repayment of said of
fifteen hundred dollars, said Williams then and
there gave 10 SAID Page an agreement of that
date signed 10y him, said Williams by which he,
said Williams, agreed to convey said premises
back to said Page upon the payment to him, said
Williams, of said sum OF hfteen hundred
dollars, the same to be pa d at the rate of fifteen
dollars per month, or oftener at said Page =
election, as appears 10y said agreement, (see copy
OF agreement on file with BILL.
Sixth-rlat prior to the death of said Law
renee Williams SAID Ira ". Page had paid in to
him, said Williams, in accordance with said
agreement the sum of five hundred dollars, or
whereabouts, the exact amount of which is we'll
known to said Hiram Is. Williams, but j. IN
known to your complainant.
Seventh That in the inventory of said estate
of said Lawrence Williams as returned and hled
in said Probate Court of Somerset County by
said Hiram b. Williams as administrator afore-
| said there was included in the list of rights and
credits, due said estate, under before mention
ed contract between said Ira W. Page and said
Lawrence Williams and ON said Page, the sum
of one thousand eighteen dollars ana siNty-slX
cents as fully appears from said inventory now
on file in said Probate Court
Eighth-That since said inventory re-
turned, said Hiram h. Williams has claimed and
continues to claim and assert that said amount
| due upon said contract was not personal pro-
perty and should not have been 80 listed in the
| inventory but that by virtue of said Pages said
! deed to said Lawrence Williams the premises
| therein described was real estate held by the
| heirs of the deceased in fee simple, and should
have been listed as real estate. and that 10y
| reason of said erroneous listing he not and
| is not bound to account for the same as part of
| the personal estate of the said Lawrence
Williams.
Ninth-That there was at the decease of said
| Lawrence Williams the said sum of one thou
sand eighteen dollars and siXty-siX cents due his
| said estate from the said Ira W. Page, upon SAID
| agreement. and the same was rights and credits
and personal property of the estate OF said
| Lawrence Williams, secured by said real estate,
and that the said Enelne Williams was entitled
| to one hall thereof.
! Tenth That said Lawrence Williams left
| other personal properly more than sufficient to
pay all the debts and liabilities of his said estate
and the expenses and charges of administration
| on the same.
! Elevenih-That the heirs and deyisees of the
! said Emeline Williams were not and are not the
same persons who were and are the heirs of the
said Lawrence Williams but were and are other
and different persons.
| Twelf h-rlat sid respondents, we'll knowing
! all the facts and circumstances connected with
| said transactions ana that said sum OF one
! thousand eighteen dollars and sixty SIX cents
! was Justly due from said Page to the said estate
i of said Lawrence Williams and was rights and
credits of said estate and should be therein dis
! tributed and that une-half of the same belonged
| to and should be distributed to this complainant
| as the legal representative OF said Emeline
| Williams, and that said Hiram h. Williams IN
| his said capacity Administrator of said estate
| of Lawrence Williams charged with the
| collection OF the SAID sum from said Ira w,
! Page did on or about the tenth day of Noyem
Der, A, u. lsg3, designedly and with intent to de-
| fraud the estate aud heirs of the said Emeline
| Williams aud this complainant as her legal re-
| preventative, OF her and their Just share and
! proportion thereof, make an arrangement, with
out having consulted said Emeine Williams, or
| this complainant as her legal represe sentative, 10y
| which said Hiram b. Williams has claimed and
now claims to haze been authorized 10y the other
! said respondents as heirs of SAID estate of
| Lawrence " illiams by their power of attorney
| to make a sale and conveyance of said premi ses
| in their names and his own, and he did there
/ upon, in their names and his own, make, eN-
! ecute, and deliver deed of quit-caim and re-
lease To said Ira ". Page of the premises herein
! before mentioned. isee letter of attorney and
deed on file with bill, and he, the said Ira W.
| Page, thereupon, rs part of the same transac-
ton, paid To said Hiram Il. Williams certain
| sum OF money, to Wit, the sum Of eight humid
| red sixty eight dollars and thirty-two cents,
| claimed by said Hiram b. VILLA us to be the
purchase price of said real estate, he, said
! Williams haviI previously collected OF said
| Page the sum of one hundred and fifty dollars
| additional. which he, said Williams, adj its hi
| has received from said Page, but claims II was
paid to him rent; whereas this plaintiff
alleges that said asst named sum was by said
! Page paid upon and in part payment of said
loan and debt, and that SAID first named sum
was not the purchase price OF said premises
but was the balance of said loan and debt.
Thrteenth-That said Hiram b. Williams
claiming to act as the Agent OF the respon
dents. pretended owners of said premises. has
divided and distributed to himself aud the
other defendants heirs of said Lawrer &c
Williams and owners of said real estate, the
said ten hundred eighteen and thirty-two one
hund edths dollars
| Fourteenth-Thst at the August term A. d
1895, OF the said Probate Court Tor said Some :
set County, this complainant fled in said