The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-01-06
SATISFACTORY TO ALL
Judge Brantly Makes Final Or
ders in the Higgins Estate.
TO CLEAR OFF THE DEBT
The County Will Be Better Off for Hav-
ing Made the Settlement if Things
Go as Expected-An Old
Matter Disposed of.

Missoula, Jan. 5--Judge Brantly in
the district court this morning made
the necessary orders in the matter of
the Higgins estate to carry out the pro-
visions of the agreement made last
night between the county commission
ers and the Higgins estate, represent
ed by Trustee Webster. Mr.. Webster.
as trustee has given the county note
for the amount agreed upon at the com
missioners meeting last night. and q
mortgage to secure the payment of the
same. The mortgage covers the Hig-
gins bank block. the postoffice building
and the 800 acres of the Higgins lower
ranch. All of this is valuable property
and the security is considered ample
The note becomes due in December and
by the agreement entered into last
night, the county does not forfeit any
of its rights in case the note is not
paid. There is "a further proviso that
in case the proceeds Of all sales of real
estate and the net income from all
property of the estate is not Immediate
" applied upon the note. the mort
gage viii become due at once. 1t is
considered that the county is thus fully
protected.
BY the release of the property of
the estate by the county. Trustee Web
ster will be free to dispose of any prop
erty for which he can find a purchaser
and will in this way If he is successful
in disposing of the unimproved real
estate of the property, be able To wipe
out the Indebtedness of the estate and
still have something left for the widow
and the minor heirs. 1t Is understood
that the first effort will be made in the
sale of the Montana addition which adj
joins the state university site, and
which includes some of the finest resi-
dence property in the city. There are
between 900 and 900 lots in this addi-
ton. and these viii be offered at
reasonable price, which ought to at
tract buyers from all parts of the state
The proximity of these lots to the
university will make them especially
desirable. Besides this addition there
is large number of lots on the north
side of the river that are in fine ioca-
tions and should find n ready market
The matter is one in which the entire
county is deeply Interested, as it in
wolves the reduction of the outstanding
warrant Indebtedness of the city and
county by large amount.
Judge Brantly said to a Standard re-
porter to-day: Il believe that the es-
tate is now in such shape that its in
debtedness will be cleared in a short
time and still be something left for the
minor heirs. | think that Mr.. Webster
will be able to pay off the taxes and
put matters i'm such condition that
there Will never occur such an unfor-
tunate situation as that which has
confronted the trustees for the past
four years
Attorney ]. NJ. Dixon, who with T.
@. Denny, was advisory counsel for the
county In conjunction with County At
torney Duncan, said to-day: II believe
that Mr. Webster will be able to sell
large amount of the property of the es-
tate and Will thus at least reduce the
debt so that he will be able to raise the
balance by loan upon the estate"
Attorney Murray, who made the APP
plication for "A receiyership in the Hig-
gins estate last month. said to-day: 4
think that this will be found 10 be the
best possible solution Of the difficulty
There are some objections to the plan
but as Il whole | think that it will re-
suit in benefit to the city and county
The county Will lose none Of it's claim
on the property by the agreement and
IL the money can be raised by MIR.
Webster the county will be much bet
ter off than if il had the property on
it's hands,
The commissioners express the npin-
ion that the compromise settlement
that has been made will be found To be
a safe and wise one in the end While
there are some objections 10 II, there
are many advantages Ia ne gained by
Its adoption and the proposition of Mr..
Webster was the best that they could
get. The general opinion is that if Mr.
Webster is successful In carrying ont
his plan for the sale of the property the
county will be better off for having
made the settlement
The Higgins tax ease Is one that
has been worrying the county for four
years, and its settlement is matter
of satisfaction to all citizens Of the
county. The fact that this large
amount was on the delinquent list has
~ Ia In ,F ~,
and it is hoped that before the end Of
the year the debt will be wiped out
The only adverse criticism In the mat
ter seems to be that the rate of inter-
est that the trustees note bears is only
I per cent.