The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1898-11-22


for that crop of canberries that should re.
quire me to charge him with it; he sold
them to the party whom Mr. Black had
been accustomed to sell to and the party
Mr. Bryan, who represents the exceptants
wanted him to sell to; the failure of this
man Young affected great many Other
people who did not get their money be
sides Mr. Wills. This account will be
amended by charging $152.50 in addition
to the amounts that he is now charged
with"
On Saturday, Judge Gaskill filed his
opinion on the "credit" side of the argu.
ment.
Each item to which the contestants took
exception is considered separately and al
length.
The first exception was to an allowance
on account of the sale of some straw and
stalks and a slightsamendment was made
reducing the claim for allowance.
The exception to allowance craved fol
board of horses, was refused on the
ground that the expenditure put the ami
mails in better shape for SALE
Money had been expended for fertilizers
for the "Biddle tract" and for repairs tc
the place. The allowance for these ex
penditures was granted. The court de
cided that this money was judiciously ex
pended Immediately after the work was
done the rent on the place advanced 800
Another objection to the accounts Of
the executor was to an item for work on
cranberry bog. The objection was over
ruled on the ground that the expense was
proper and necessary, adding to the sal
able value of the property. In addition
to sustaining the executors claim for al
lowance in this instance the court ordered
the account amended so that the executor
could receive pay for cranberry vines
which he had set out and never charged
for.
The exception to the charge for ex
penses in attending sales was not consid
cred, as the expenses were thought to be
very reasonable.
The next allowance challenged was thai
on two shares of stock of the Burlington
County Agricultural Society. The ex
ceptants thought the executor neglected
his duty by keeping the stock until the
Society failed. The court ruled that the
executor was perfectly justified in exer
cising his judgment on the question o.
holding the stock for an advance Thu
fact that the Society failed could not be
charged to him.
Another objection advanced was tina
the executor had borrowed from Philadel
phia brokers money with which to pay
the collateral inheritance tax and haC
paid interest on the loan. This act, il
the eyes of the court, was wise. The es
tate was without funds at the time tn
tax became due and it was perfectly plail
to see that the executor could not thel
sell any of the securities in his hands with
out greater loss to the estate than tn
interest amounted to. The Judge said
1T appears from the testimony that tn
heirs to this estate were nieces and neph
ews scattered all over the country, VIII
were persistent in demanding iron
the executor from time to time, sue
sums of money on account of their re
spective shares as the funds in his hand
would warrant him in distributing, an
that up to the time when this amount wa
borrowed, he had distributed 81, 1928 19
so that the parties interested in the resi-
due of the estate have been benefited to
greater extent than the amount of inter
est that is requested to be deducted
When the sale of stock was advertised
the executor included in the advertise
ment some of his own property. The e2
ceptants thought that he should pay pal
of the price of advertising, but the couI
held that the articles he published did nc
increase the cost, but tended toward mul
tiplying the number of bidders. Anothe
fact TO be considered in this connectio
was that two auctioneers were engaged
one being paid from the private fund Q
the executor.
The expenses charged for trips to Phila
delphia were not exorbitant and. were a.
lowed.
The exception for clerical work in max
ing out statement was sustained. Their
was no doubt the money was well earned
but the executor must pay for it. FL
captions to certain vendue bills were ais
allowed, reducing the allowance $12.
the matter of clerical help the court sal
the executor would be expected to pay
from the commissions to be allowed.
"This exception" the Judge sale
''raises the question as to the right of tn
executor to commissions on the groun
that there has been misconduct, mismar
agement and bad faith in the perform
ance of his duties as executor l fail t
find anything in the evidence which salts
fies me that these charges are we
grounded; on the contrary, this large an
complicated estate has been judiciousl
cared for, and the devisees have Target
profited by the manner in which the exec