The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-02-25
MAY CREATE A VACANCY
The Public Administrator Is Out
of Pocket.
HE HAD TO PAY THE COSTS
The Recent Decision of the Supreme
Court in the Charles Horsfall Es-
tate-Only Men of Independent
Means Can Afford to Run.

The office of public administrator at
best is a poor one and is little sought
for by office seekers. but the recent de-
cision of the state supreme court in re-
versing Judge Lindsay's ruling in IA
matter concerning the estate of Charles
Horsfall, deceased. makes the office a
positive luxury to he enjoyed only by
men of wealth and big, independent in
comes. BY the decision MADE last Mon
day Pubic Administrators Abbott VIII
have to pay out of his own pocket be-
tween $50 and Si0p for the privilege of
administering on the Horsfall estate,
besides contributing his time and labor
10 it. HorsIall died in February. 1897,
and the only property he had was a
merry -go-rounu apparatus. There
We're no heirs except n father who lives
somewhere in England and who could
not be found. In accordance with the
duties prescribed by law Pubic Admin
tstrator Abbott applied for letters of
administration, which were in due
course of time issued to him. He pub
1ished notice TO creditors, and Henry
Royles presented a claim against the
estate for s395.15, being the amount of
principal and interest que on note for
S3S5, which was secured by chattel
mortgage on the merry go-round. The
claim was approved by the administra-
Tor and judge of the court.
In ApTll the administrator petitipileu
the court for an order of sale, and
stated that the costs of administration
up to that time amounted to $3o. as
follows: Filing the petition for let
fers, So; inventory ana appraisement,
S.: appraisers fees. SIS: appraisers eX-
penses So; publication of notice to
creditors. S.. The property was sold
for $3.50, and the sale was approved
and confirmed by the court. In Sep
TENDER Royles petitioned the court for
an order directing the administrator to
pay to him the balance in hand realized
from the sale after deducting only the
actual expenses of the sale. amounting
TO about s.. After hearing the petition
Judge Lindsay declined to direct the
administrator to do SO, ana held that as
the mortgaged property was the only
property of the estate, the expenses OF
administration should be deducted in
addition to the expenses of the sale.
Royles took an appeal and the supreme
court, in reversing Judge Lindsay,
holds in effect that the expenses of the
sale could only be deducted from the
sum received, and that the administra-
for is required to turn over all the
money except the actual costs of the
sale. The administrator is therefore
out everything he had to, by law, pay
into court as expenses, in addition to
about $35 as costs in the appeal. be-
sides the attorneys fee he had to pay
his lawyer. not to mention the loss OF
his usual commission, time and labor,
all of which he is out for the privilege
of administering on the estate.
peculiar phase of the case Is that
II the public administrator had not
taken out letters on the estate, Royles,
as a creditor. would have been com
PEELED to do so before he could fore
close his mortgage. and he would then
have had TO pay the court expenses,
which are now taxed up TO the public
administrator A few more estates as
profitable TO the administrator as the
Horsfall estate may create a vacancy
in county office.