The Providence news. (Providence [R.I.]) 1891-1906, 1898-12-07
Seeking TO Recover a Balance From the
Widow and Administrative
CLAIM MADE BY TIE RESPONDENT.
II Is That II The Complainant Is Entitled to Any
Relief II Should Seek Il Through
the Court Of Probate.

The cause of James Garvey, admin
istrator VS.. Mary A. Garvey. admins |
tratrix, was argued before Chief JUS
tice Matteson and Justices Stiness ana
Tillinghast this morning as TO the sur
ficiency of bill i'm equity Nathan W.
Littlefield, counsel for the respondent
pronounced the bill the first he had
known brought under such circuin-
stances in over 20 years practice at the
bar and said the proper place TO secure
the relief sought, if anywhere, was
through the courts of probate. Such
relief could not now be obtained there
because all the points involved had
been passed upon by the probate court
of Pawtucket.
The bill was brought by James Car
vey, administrator, on the estate Oh
Michael Garvey, deceased,agalhst MARY
Ann Garvey, widow and adinihis.ra-
| trix on the estate of Thomas NJ Gar-
! vey son of Michael Garyey. William +.
| Haberlin and Felix Hughes, who are
| sureties on the administration bond OF
| Mary Ann GarVey. The bill alleges that
/ Thomas NJ Garvey was, In MS iieuhhs
| and at the time of his death possessea
of considerable personal estate, con-
| certain note and mortgage. ana Also
/ money i'm banks, household goods,
| plate. linen money on hand, and dlV-
| ers other effects, and money deposl'eu
i'm savings bank. That Thomas NJ. Gar
yey died in May. 1895, intestate without
,ssue leaving his wife. Mary Ann Gar
yey and his father. Michael Garvey, ms
only next of kin. That Mrs.Garvey TOOK
out letters Of administration and nieu
bond: that Mrs. Garvey possessed her-
self of the personal estate OF her iatt
husband that among the property ol
said intestate was note anu nv, =, ..,'L, 80
for $1,000 made by John and Brldgei
Rock to Margaret Borden, which was
for money loaned by Thomas Nj. Car,
vey 10 John and Bridget ROCK anu
which belonged to him and after MS
death i'm equity was part OF ms es'
tate. That after the death OF Ihonlas
NJ Garvey his administrators, Mars
a. Carvev procured the Border
woman to assign the mortgage TO ne
and has since collected the money du
on the mortgage and has refused 10 III
| ventory or account for the money re
ceiyed by her as administrators on sai,
! Thomas NJ. Garvey's estate. Inc vi
. further alleges failure on the part
: ! Mary Ann Garvey to account TOT mon
evs received by her from the saie
raaI estate and other moneys ana IN
=. complainant seeks To ascertain VI
> amount of all such moneys ana III
navuent of one-half of the balance re
maining after the payment OF
. debtors. >-.l,, Y,
chester w Barrows and Nathan
= Jittleheld. counsel for the respondent
~ in their brief argue that the piii uo'
:. not allege fraud, in that the eNisteip
a of said equitable assets was conceais
~ hy said Mary Ann Garvey from III
cornplainant or his intestate, OF wa
, unknown TO them when the H,NSh'o y,
D, of the estate was filed, or whiie u
case was pending i'm the probate coul
The other chief points mace py the
- snondents are: That equity VIII II
take Jurisdiction of an account Whel
as i'm this case, there is PLAIN auequa
a. or complete remedy at law tnat
=, odministration account is pending o
~ fore the probate court; that the propa
Il eaurt has acted upon the questions
,e, volyed and that they are resadJuu
- ia and are not reversible by the app
40 late court. o, Co.. ,
as Charles T.. German, counsel ior
IN comnlninant. argued he was enttl
to the, relief sought, as there W.
re questions OF equitable consideIatlo
Ir; Involved That the court might "a
r. cognizance of the questions inVoiN
ct as the successor, not only or an
rk. rights OF the chancery courts, put
ID the successor i'm rights or the splrlu
courts. II being one Of those cases u
le- would have fallen under the jurisdlct
ng, and special province of the latter cl
ent Of courts