The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1897-12-11
RECEIVER APPOINTED
Judge Brantly's Decision in the
Higgins Estate Case.
HE MAKES A PROPOSITION
The Defendants Would Make No Objec-
tons to the Appointment Under
Certain Conditions The Judge
Names f. c. Webster.

AIissoula. Dec. 10.-In the district
! court this morning Judge Brantly of
! the Third district presided. The case
! OF the trustees Of the estate of G. r.
/ Higgins against the county OF Missoula,
in which the plaintiff asked for an in
junction restraining the commissioners
from disposing of any of the property
of the estate, recently transferred 10 the
county for delinquent taxes, was called.
The county attorney demurred to the
complaint of the plaintiffs on the
ground that it did not state sufficient
grounds for action, inasmuch as II
failed TO state that any tender of the
amount Of the taxes had ever been made
ia the county treasurer. The demurrer
was sustained and no injunction was
issued. The plaintiffs We're granted 20
days i'm which To file an amended com
plant.
This case disposed Of, Judge Brantly
took up the petition of Theodore Nor
man for the appointment of receiver
for the Higgins estate. On the part OF
the trustees FOR the estate, Francis {.
Higgins addressed the court, saying
that they would not oppose the asl-
pontment of a receiver. Mr.. Higgins
said that he had devoted the best part
of his life TO the attempt to save the
estate: that he had withdrawn from
his law practice, which WAS lucrative,
and had devoted all of his time To the
business of the estate; that his efforts
did not seem to have been successful,
and that he was willing to have re-
ceiver appointed, provided the APP
pointee of the court was man who
would not own the whole estate when
he got through with it.
Upon receiving this statement Judge
Brantly adjourned court till 3 o'clock
take final action in the matter.
The Importance of the case to the
people of this city and county have
made ii one of general interest and the
action of the court was watched for
with much concern. There were. how
ever, but few people present at the att
ernoon session Of the court, aside from
the court officers and the newspaper
men.
Jude Brantly began by saying that he
had considered the matter carefully and
that he had decided that the appoint
ment of a receiver would complicate
matters very much, in that ii would
make the transaction of the business
of the estate very cumbersome, and he
had a proposition to submit to the par
ties in the action. He desired To state,
however, that he did not want any one
TO think that the man who took charge
of the estate would make much money
out OF IL. Inc IOSlllDD Nould Hbl HAM
living for a man, as the court would
not allow him anything like the COM
pensation that many people seemed to
think would be attached to the position.
His proposition was that, as the pres
ent trustees had signified their willing
ness to relinqush their control of the
estate, he would remove them and APP
point a trustee of the estate, to have
full power to transact its business, the
sales however. to be subject to the con-
firmaton of the court. He would in
struct the trustee, when appointed. that
his first duty would be to pay the taxes
due on the estate and then to settle
its affairs so as to make It possible to
effect a final partition of the estate
among the beneficiaries of the Will.
This proposition was taken under con-
sideration by the attorneys for the es-
tate and for Norman, the petitioner for
the appointment of a receiver. The at
tarneys, after the court had more fully
explained the details of his plan, con-
scented to the appointment of a trustee,
and Judge Brantly said:
I'm making this appointment, | hope
To name a man who will not he often
siNe to the present trustees on account
of the personal interest of the latter in
the affairs of the estate. / realize that
the appointment that / am about to
make will not be satisfactory 10 every
body, but ! do not think that that
makes any difference. Mr.. Clerk. you
will take this order and place il upon
the minutes.
Judge Brantly then made the follow
ing order in the matter: 1t having
been brought to the attention of the
court that the property belonging to
the estate of c. +. Higgins, deceased, in
the hands of executors of the same, rs
such executors, and also trustees, for
the benefit of the parties entitled to a
distribution thereof. has been sold by
the authorities of Missoula county for
taxes: that a deed has been issued
therefor by the treasurer of Missoula
county to the county of Missoula, and
that the same is in danger of being lost
To the parties entitled to a distributiVe
share thereof. and it being further
made to appear by the trustees and
executors who are present in court, and
assent To this order, that they are will
ing as executors and trustees II be re-
moved as such and With fun power To
So act insofar as the same is conferred
upon them lay the will of the detedeut
1 and the authority OF this court appoint
/ ing them. It is ordered that the trustees
{ and executors be removed as such and
that f. G. Webster be appointed in their
place and stead. 10 settle up and dis
tribute said estate a. speedily rs the
same may be done II is also further
i ordered that he proceed at once after
qualification under this order. To settle
i the matter of taxes as between said
estate and the county of Missuula, and
/ that he prosecute any suit now pend
ing for that purpose To Il final determi-
nation. or another brought for that
I purpose in his own name.
Before entering upon the duties of
his office ii is ordered thar he qualify
by taking the oath required by The law
Of administrators and executors. and
that he enter into a bond as required
10y law in the penal sum of S2p. ea0. =
The appointment 0f Mr.. Webster
gives general satisfaction. 1t is the
general impression that his new move
ia the matter viii result in much benc-
+ iii To the estate and to the county and
/ city. The first thing that the trustee
must do. under the ruling i'm the sui,
Of the trustees against the county Viii
/ H. O. make tender af thc taxes and
penalties due The county upon the es-
tate The refusal of the court 10 grant
zae injunction to-day. abrogates tn.
temporary restraining order thai mas
been in force since the suit was begun
anu the county lis now in possession VI