The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-09-10
WANTS TO DIVIDE THE ESTATE.
TRUSTEES PETITION 4 SURPRISE
TO THE OTHER SIDE.

Shall he DOnc-An Argument Over
the Disposition of the Proceeds
From John o. Smiths Property.
Matters in the Court of Ordinary.
The counsel representing James R. Ho-
/ henstein, who is suing Adam Hohenstein,
trustee. and others in the superior court.
| charging mismanagement of the prop
erty left under abe will of Peter Yonssen,
were somewhat surprised by the turn the
case took yesterday. when Mr.. ]. R.
| Saussy, representing the trustee, filed a
| separate petition in behalf of his client,
asking the direction of the court as to a
| proper division of the estate among the
heirs.
This petition was somew nat uneXpect-
| ed, and it perhaps upset some calcula-
tons. 1t was expected that an order
would be granted in the case yesterday
providing for some settlement of it on
temporary basis at least, but after this
petition was filed the attorneys interest
ed could not agree upon such an order,
and the matter went over until to-day,
when it VIII likely come up again.
Under Yonssens will the property was
left to Mrs. Adam Hohenstein until her
death, after which it was to go to her
children. Since Mrs Hohensteins death
it has been in the hands of MIR. Adam
Hohenste.n as trustee, and during his
management of the property some of the
children have died. Their death has COM
plicated matters considerably, and makes
it exceedingly difficult to carry out some
provisions of the will. The petitioner de-
slres to have the direction of the court in
this matter so that he may know how to
properly divide the property.
In the second place the will does not give
the trustee the right TO sell any of the
property 1t will be absolutely necessary
to sell certain portions of it III order to ar
rive at proper division, and in order that
this may be done the trustee asks the
court to pass an order allowing him to sell
it either al public or private sale.
Il is stated that ]. r. Hohenstein's petit
ton involves only about 5000 or 800 at
most. He is entitled to one-fifth of the es-
tate. He alleges mismanagement in that
funds arising from the estate were spent
without authority by the trustee. In the
event that his claim should hold good he
would be entitled to one-ffth of the
amount thus expended, which it is said, is
about $500 or 500. The matter will come up
before Judge Falligant again this morning,
but it is doubtful If any settlement of the
question will be reached at that time.
The attorneys interested in the case of
Francis ]. Champion against John o.
Smith held quite a lengthy argument be-
fore Judge Falligant as to what should be
done with the fund arising from the sale
of the property of the defendant to satisfy
the indebtedness to the plaintiff. the princi-
pal amount of which was $4,000.
Mr.. A. c. Wright representing the plain
tiff, wanted the money paid over to him
at once. He held that the plaintiff having
bought the property there should be no ne
cessity for him to pay the money into
court beyond the amount of the costs in
the case. Mr.. John Nicolson, Jr, held that
the money should be paid into the registry
OF the court and held there to await the
determination of the judge as-to what dis
position should be made of il. The argu-
ment was carried on. on this line for some
time without result. 1t is probable that the
attorneys will get together and endeaVor
to agree upon some plan Of procedure.
James l.. Sullivan, as trustee for Annie
B. Hopkins and for Claudia H. tombstone,
under the will of Edward Houstoun, re-
ported to the court that he had invested
for each of the sum of S4,031.25, with
which he purchased for each forty-three
shares of the capita. stock of the South
western Railroad Company at $9S75 per
share. The reports were approved by the
court.
In the case of Mamie Reader against
Simpson Reader, for ailmony, the defend
ant failed to appear and Judge Fallgant
granted an order allowing the plaintiff
So per month temporary alimony and S25
attorneys fees.
Judge Falligant found it impossible to
take the recess of the superior court yes
terday as Intended, and he will be in court
this morning for the purpose Of attending
to whatever matters may come up. He
will take a recess to-day, however, until
Oct Is, when the court will. sit again for
the purpose of hearing any matters of i'm
portance which may come up at that time.
Judge Falligant leaves the city to-day on
the steamer for New York.
Mr.. James L. Murphy, the well-known
and popular deputy clerk of the superior
court has returned to the city from a two
weeks visit to Lithia Springs, Ga. He is
much improved by his vacation.
In the court ordinary yesterday letters
of administration on the estate of Addie
c. Steadman, formerly Burney, formerly
Gaynor, were granted to Louisa Taylor
Letters of administration were granted
to George H. Miller on the estate of Ra-
chael Wilson.
Letters of guardianship on the property
of George A. Davidson, Jr and Virginia
M. Davidson were granted to Margaretta
Smith.
The will of Charles Law was probated
in common form, and letters testamentary
were granted 10 G.. Noble Jones
d. N. Thomson filed q petition for ex-
emption of personality as against f. Nj
Borden & Co., and the hearing will take
pace Oct. 4. Thomson has already been
granted homestead, but Borden & Co.
were not included in the list of creditors
presented a that time, and the new ap-
plication has been made for the purpose of
remedying the defect.
An order was granted allowing extra
compensation to Patrick Buttimer. exec
utor of the estate of George Boyle.
Percival S. PedricS made affidavit that
he was unable to pay the railroad fare of
his son, Charles L. Pedrick, a deaf mute.
to the state asylum for the deaf ana
dumb at Cave Springs, and steps will be
taken to have the amount of the fare re-
mitted to him as provided under the
statutes.
HAVE PUT a STOP TO 1T,