The San Francisco call., 1898-06-25
HE IS STILL EXECUTOR
PETITIONERS HAD NO PROOF OF
 MISMANAGEMENT.
Decision Rendered by Judge Trout Exonerating the Jurist-Order for Distribution of
 Moneys.

estate of George F. Sharp, was rendered hors de combat in the legal battle with out great struggle yesterday. AS the hours of trial passed by it became more and more manifest that Knapp was in court without a case and minus evil dence to support it if he had one.
 The result was that Judge Hunt still occupies the position of eXecutor of the estate, a position which he has capably filled for fifteen years to the satisfaction of all the heirs, who had an opportunity of Investigating his management, and judgment of the court will soon be hand ed down which will act as an estoppel to any such proceeding as the one just dis posed of, which was characterized, not withstanding vigorous protestations from Knapp, as "a slanderous, unwarranted attack, having no basis and sadly lack ing in verification."
 The filing of the petition for the removal of Judge Hunt as eXecutor of the rich estate caused considerable comment at the time, but none unfavorable to the ex- ecutor. It was charged in the petition that the estate had been grossly miSman- aged; that the duties of the eXecutor as Judge ot the Superior Court prevented him from properly caring for the interests of the heirs: that the eXecutor had failed to sell when he should have disposed of property and sold when such a proceeding resulted in loss to the estate. The petl- ton further uecldTeQ that OWlOS to SucH mismanagement the value Of the estate had been reduced not thousands but hun dred of thousands of dollars.
 When the case was taken up by Judge Trout yesterday two petitions were on file for hearing-One for the removal Of Judge Hunt, the other petition Of the eXecutor for leave 10 mortgage property belonging to the estate for the sum of S35, 900. The first petition was contested by Judge Hunt and the second by Attor- ney Knapp, who was confident that It to ba hoe n n to mortgage the real estate as proposed. This being the fact, the eXecutor and the attorney representing the Eastern heirs stood as opponents ln each acton, thelr positions however, as petitioner and re- spondent being reversed.
 The petition to mortgage the real estate was first considered by the court. Attor- ney Knapp had made prior statement, in which he stated that lie represented eleven heirs who reside in New Iork. These heirs are entitled to ne-tourth ot the estate, he said, and strongly opposed mortgaging the property, but were in favor of selling a portion of r. in order that all claims against the estate might be settled and the property distributed. On the other side, however, Mrs. HOnoI1 Sharp, widow of George F. Sharp, and Eliza Sharp, representing three-fourthS of the estate, were anxious that the prop erty be mortgaged and all claims settled. The claims at present against the estate amount to about $390O0, exclusive ot taxes and other incidcntdlS, but owing to the generosity of the CXecutor, the attorneys and the widow of George r. Sharp, the amount of S35 900 will be amply sl tficient to meet all obligations that may arise prior to the final settlement Cf the est1Te Mrs. HOnOra Sharp originally held claims against the estate for S3l, ,OOO but cCmpro- missed on a figure of s25,000 in order to expedite the final settlement of the es- tate. The commissions of Judge Hunt amounted to $4500 and the attorneys representing the eXecutor, Sullivan & Su!- livan, had claims against the estate amounting from $10,000 to $20,000, but in order to satisfy demands of creditors and reach a settlement the amount due Judge Hunt was reduced at his suggestion to $30O0, and Sullivan & Sullivan agreed to accept, in satisfaction of all demands, the sum of 5000.
 These nominal figures represented 5000. These nominal figures represente almost the entire fees requested after almost sixteen years of litigation, during which period thirty suits had been filed by and against the estate, and a large majority resulted favorably to the heirs, who, as alleged by Knapp, sought to re- move the eXecutor, and, Incidentally, the attorneys whom he had chosen 10 repre- sent him.
 Judge Hunt was first placed upon the stand. He gave his reasons why in his opinion the property should be mortgaged. Knapp questioned the iurist at length i'll stand taken by his clients. Judge Hunt left the stand, and then, to the surprise of Knapp, Attorney Mat Sullivan intro- duced statements from number of the
 
 signified their willingness to have the property mortgaged When all the docu- mentary evidence was in it was found that Knapps clientage had reduced so that he represented but 23-160ths of the es- tate. AS he had no evidence to prove tn. wishes of that small percentage the case went over at 5 clock in the evening un- til o'clock to give the surprised attorney an opportunity to get letters he said he had in his possession that would estab- fish the stand his clients had taken.
 rQnnnUnnnd of n' nl oIr however, MT. Knapp was unable to pro- duce letters signifying the wishes of his clients bearing date later than the state. mentS introduced on behalf of the execu- tor, and the case stood submitted.
 The petition for the removal of the ex- ecutor was next taken up and Attorney Sullivan filed in court the answer of Judge Hunt to the petition asking for his re- noval. It entered a general denial to al, the allegations of the petition. At this point Knapp arose and addressed the court To the surprise of Judge Hunt ana his counsel, Knapp stated that on a re. consideration of matters he was of the opinion that the interests of his clients would best be subserved by dis missal of the petition He stated that personally he had no desire to prosecute the action and needs must take exception to the remarks of opposing counsel char. acteriZing the petition as slanderous fals, and without foundation. The petition. he said, made no attack upon the integrity of Judge Hunt as a man, neither did fl criticize him, but Judge Hunt as a mar and Judge Hunt as executor of the es. tate of George F. Sharp were different beings. He requested, however, the dis missal of the petition.
 This action did not meet with the ap proval of opposing counsel who insisted that the case be heard, that the evidence disappearing the allegations might go or record. They did not wish a dismissal as the next day similar unbiased ana false charges, they said, might be lodged against their client. They wished a iudg ment based upon findings that would ac as an estoppel to similar actions tha- might be instituted in the future througI spirit of revenge or otherwise.
 We wish to go ahead with this mat. ter" said Mat Sullivan, that we ma, prove the motive that prompted the ri ing of this petition. I reiterate my state ment that the charges are false, slander ous and unwarranted, and 1 wish to es tabIish the facts with competent evi dence"
 Again Knapp objected to the state rnents of counsel, and asked that th, proceeding be summarily dismissed, bu the court took the view as suggested b, Attorney Sullivan. and stated that ind ings would be drawn up and he iude rnent based on them. Judge Trout thcl made an order permitting the court t mortgage the property as requested il the petition.
 Prior to making the order Judge Trout stated that Judge Hunt was too we. known in the community to put forth