Daily Kennebec journal., 1897-11-04
TROUBLESOME HALE NOTES.
Hearing on One At Bangor, Results In Rsyeua
0t Probate Court Decision.


In the supreme court on Tuesday, be.
fore Justice Foster. there was argued a
case which involved one of the notes OF
the late Judge Elias J. Hale OF Foxcroft
given by him as treasurer OF the town
and passing. later. into his hands when
he became executor of the estate of Julia
M. Wright OF Gulford, deceased in 1889
Thus, as executor, he held one of the
town notes issued by himself as treas
urer.
This note, upon which there may be said
to lie the same conditions which have
qualified similar instruments made by
Judge Hale a few years before his death
and the unfortunate charges following it
had thus passed from the hands OF
Treasurer Hale to the possession Of Mrs
Wright, and then, by her death, into the
custody of Executor Hale, as part OF
the estate.
Executor Hale did not settle the estate
at once, nor was it in proper condition al
the date of his death, several years fol-
lowing the assumption of the duties of
administration by him. AT his death, the
estate of Mrs. Wright passed into the
hands of Mr.. Emery, acting as admin
istratOr de bonis non. Judge Hale's prop
erty was taken by his administrator, Dr.
William Buck. who at once began the
proper proceedings for the settlement of
the affairs of the deceased.
DR. Buck came into court with the in
ventory of the Hale estate. in which he
cNdTSeu H1IUSeli with balance OF *i5o. "A,
(the note in question:, due from the es-
tate of which he had charge to the
Wright estate. And to settle the account
between the two estates, DR.. Buck offered
the note in question.
This offer of the note the administrator
de bonis non. Emery. of the Wright es-
tate, refused to accept, saying that the
note was given without authority, that it
was an invalid instrument, that Hale
knew 1t to be an invalid instrument and
up to and including the date upon which
he assumed the administration of the
Wright estate.
Thus the administrator de bonis non of
the Wright estate. recognizing the charge
upon the Hale inventory in it's favor de-
demanded a cash payment in place of the
note. And upon the refusal of the admin
istrator of the Hale estate to make such
payment in cash of the acknowledged in
debtedness. said Emery claimed that the
bondsgnen of Hale were liable. the liza bility
having been incurred through an uniaw-
full act of his. before his appointment as
executor of Mrs. Wright.
The case was heard in Penobscot coun-
~, before Judge Burgess, in the court of
probate in Bangor Judge Hale presiding
Wright estate belonged, could not appoint
himself executor. and, as is allowed.
came into Peno5scot and received his ap-
pointment from Judge Burgess.
Thus the case came to be heard in Ban
gor, on July % Judge Burgess sitting.
Judge Burgess ruled that the payment
of the balance existing between the Hale
and Wright estates, in favor of the latter
should be paid by the administrator in
cash. and not in the note in question.
On appeal of DR.. Buck, the case went
TO the superior court, and was argued be-
fore Justice Foster on Tuesday Justice
Foster reversed the decision of the pro-
bate court and sustained the case of DR..
Buck.
F. A. Floyd. Esq. was for the admins
traitor de bonis non, Mr.. Emery. of the
Wright estate, and C. w. Hayes for the
administrator of the Hale estate, DR.
Buck.-Bangor Commercial.