The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-07-16

court why you have waited ali these
years before settling this estate?"
Attorney Hallam, on behalf of Mr..
Vanish, objected to the question,
whereupon Mr.. Lane exclaimed:
Il want to show to this court that
Vanish has had this money since April
1894 and has been loaning it to the st.
Paul Barrel company and drawing in
tereSt on it. Where are the notes of
the st. Paul Barrel company, Mr..
Vanish, that evidence this debt?'
'They are cancelled"
What, cancelled? Then you've loan
ed the money and simply taken a credit
on the books Of the st. Paul Barrel
company"
Mr. Vanish assented and remarked
that he considered the st. Paul Barrel
company safer than some of the banks.
80 you voluntarily loaned the money
of the estate without the order OF the
court and without security"
Simply on account" was the ans
wer.
Then your answer is yes.
Mr.. Vanish said that the Barrel COM
pany owed the estate less than $500.
Mr.. Hallam then called Mrs. Emma
Merritt Fish to the stand and en-
deavored to show first that she was not
the owner of the $500 note and second
that she was never married to Mr..
Fish. Mrs. Fish is q, slender little Wo-
man with delicate features. She is
evidently afflicted with a severe nerv-
Gus disorder akin to st. Vitus' dance.
The muscles of her face tWitched con-
tinually, rendering it difficult to under
stand her at first. She proved most
willing and Voluble Witness however,
under Mr.. Hallam's cross examination,
and removed all doubt in Judge Will
rich's mind, as he afterwards declared,
of her being the widow of Mr.. Fish.
At the conclusion of her testimony,
Mrs. Julia Soper was called to the
stand by Mr.. Hallam, but detained only
a short time.
Then Attorney Lane asked the court
to make an order compelling Mr.. Yam
ish to turn over to the widow the
S3O674 balance of the estate in his
hands, under section 4477 of the Sta
tutes, which, in mandatory language,
says that the widow shall be allowed
$500 out of the estate of the husband,
provided the personally amounts to
that sum in value. In her affidavit
Mrs Fish declares that she is destitute
of means and physically unable to sup
port herself.
Judge Willrich, in announcing his
decision, said that under the statute
invoked the widow was entitled to
the wearing apparel of the deceased
and to $780, Even the funeral expenses
ministrator having had in his posses
sion $809.99, the widow was entitled to
$780, If the administrator, who in this
case had informally presented his eX-
pense account, had paid any improper
! expenses he did so at his own peril.
Only funeral expenses could be paid
before being duly allowed.
II can see no reason" continued
Judge Willrich, why Mrs. Fish should
not be allowed the balance now on
hand AS to the question whether she
is the widow of Joseph Merritt Fish,
the testimony leaves no doubt in my
mind that she is the widow OF the de-
| ceased. If counsel will draw the order,
the court will sign il"
Mr.. Hallam thought that the court
ought to allow administrators and at
torney's fees, but he was informed that
the statute did not provide for taking
them out of the widows allowance,
so that Mr.. Vanish will have to hand
over $306.74 to Mrs. Fish. He may,
however, appeal from the order of the
probate court, when it is entered this
forenoon.
The certificate for $4,000 worth of
stock in the st. Paul Barrel company,
delivered to Mrs. Fish for the $500
note, is made out in the name of j.
Bremner and dated Dec. 81, 1892, nine
months before the death of her hus-
band-while the note for $500, made
payable to ]. Bremner, but delivered to
Mrs. Fish, is dated Dec. q, 1893. Yet
it bears this Endorsement: Interest
paid to Dec. l, 1898, on within note"
The note was made payable at the
West Side bank, and when it was pre-
| scented for payment, it was sent back
, to Mrs. Fish in Chicago with the fall
lowing memorandum written on slip
pinned to the face of the note:
oh hos q f
ter with payee. No letter necessary.
-"WeSt Side Bank"