The Providence news. (Providence [R.I.]) 1891-1906, 1897-06-19
Claim of the Widow of Am
brOse for an Accounting.
Opposed by the Administrators on
Estate of George j.
Court Aft,r Hearing Took Papers and Re-
served d cision.

Judge Rogers today heard the applica.
tion Of Mrs Ellen L. West, administrators
on the estate Of the late Ambrose e. West,
for temporary injunction against Margaret
West and Thomas i. West administrators
of the estate of George J. West to restrain
them from transferring or incumhering
certain alleged oopartnerships property.
His honor took the papers In the case
and will announce his decision later
The hearing today did not result in any
important new development in the con-
troversy between the representatives of
tho well known men who have closed their
earthly accounts. The bill in equity fled
by the counsel for the widow OF Ambrose
1t will be recalled alleges that part
nership was formed by the two brothers
on Jan. !. 1893 which continued until the
death of Ambrose IN March. 1895. and that
George j. West as surviving partner took
control of the copartnership property and
was engaged at the time OF is death in
the fixing up of the affairs Of the firm.
Further allegations In the bill are TO
the effect that George J West invested
money OF the copartnershp in mortgages
In his own name ana also used the CO.
partnership funds In the purchase OF books
and office supplies ana as he kept the
BOOKS OF account the representatives OF the
estate of Ambrose are unable TO say the
amount of such investments or the
amount due them.
John +. Byrne. attorney for the petit
TONERS, in opening the case read the main
portion Of the hill and called attention
10 tho necessity for an injunction being
issued in order that the estate of the late
George ]. West might he kept intact un-
I'll II was decided whether or not the pc
titioners were entitled TO the relief prayed
for In their bill.
Gen Charles A. Wilson, who was asso-
ciated with John Doran as counsel for the
respondents. argued that the bill did not
allege co-partnership in such manner
as was necessary for the executor of one
party to do against the representatives Of
the surviving parties. He also claimed
that there must be al allegation of
something more than an agreement to
share proceeds in order To sustain a bill
for an accounting. The bill was ndeH-
mite, Gen. Wilson argued because 10 did
nd say in what mortgages the funds of
the alleged copartnership were invested
ana no claim could be made that the es-
tate OF George j. West would not at all
times be abe TO pay anything that might
te due An affidavit of Airs. West. widow
Of George j. West, was read, stating that
there never was any copartnershlp be-
tween the brothers. that Ambrose was
paid a salary and that the law books and
Office furniture were the personal property
of George. Hr
MIR. Byrne, replying to Gen. Wilson,
urged that the bill properly set out CO.
partnership, that 10 alleged that George j.
West had kept all the books and papers
which had been tnken possession of hy
his representatives and 10 would seem
clearly case for an accounting and If
there might be an accounting ordered
then preliminary Injunction should bc
granted He further said that George j.
West had paid the widow Of Ambrose H.
West $500 and left various checks to he
delivered to- nor during his visit 20 Eu-
rope and would no doubt long before this
have ujusted tho affairs Of the copnrtncr-
ship to everybody's satisfaction had no
lived.
Gen. Wilson offered decree which ho
said Mrs. Margaret West was perfectly
willing should TO entered providing that
all the papers, vouchers and books of nc
count wherever found OF George j. West
should be taken possession Of by stand
ing master of this court TO he UJ7pn 10 tho
inspection of all parties In Interest
Attorney a. B. Patton. who repro
sented Thomas II. West, one OF the ad-
ministrators on the estate OF George !.
West, took part in the Argument until tho
above decree was submitted nv Gen vii
son and then he simply said he did not
know ANYTHING about the proposed decree
and could neither agree 90 nor oppose IT,
At the conclusion of some remarks uy
Mr.. Byrne the cours took tho papers