The record-union., 1898-10-19
DECISION OF JUDGE ELLISON
DENIES MOST OF THE MOTION
TO STRIKE OUT MATTER.
Order That $4,000 Of the Wilcox.
SON Estate Be Distributed
to the Heirs.

| The petition for partial distribution of
| the estate of Jefferson Wilcoxson, de-
| ceased, to the heirs was heard yesterday
| by Judge Ellison, White & Seymour
| being attorneys for the administrator,
| and Grove L. Johnson and j. M. Full
| weller objecting on the part of Miss
Amanda Austin and one of the absent
| heirs
| The petition set forth that there was
very little debt against the estate, While
quite q, large amount of cash was on
hand Mr.. Johnson objected to the dis
tribution on the ground that the suit
for $4,000 Of Miss Austin was pend
ing against the estate and should be
| considered claim against it until set
tied and that if the distribution were
made, as asked, there would be only
about $4,000 in cash and real estate
left undistributed.
| Clinton L. White contended that Miss
Austin's claim had been rejected by
| the administrator, which was to some
extent evidence that it was not
| proper one, and that it should not be
allowed to stand in the way Of the dis
| tribution Of the estate. He claimed
that it should be looked at in the light
Of the ordinary value of such services
as Miss Austin had rendered as nurse
| and housekeeper to the deceased, and
| contended that the amount sued for
would amount to about 500 month,
whereas nurse and housekeepers S
compensation would be only S25 or $50
a month.
A. NJ. Seymour said that, at a liberal
estimate, Miss Austins services would
amount to only $50 900, and that the
| petition for distribution should be
granted irrespective Of it.
He wished to introduce testimony as
to the value Of services, but the court
! said that if one side was allowed to in
troduce evidence the other ought to be
allowed to also, and as there was a
suit by Miss Austin, Independent of the
present proceeding, he did not wish to
decide now on the question of compen-
sation and afterward try that suit.
After some argument, Mr.. Johnson
said that he and Mr.. Fulweiler were
willing to allow motion to distribute
1000 Of the estate at this time, leav
| ing about an equal amount undistrib-
uted.
The court then made an order to that
effect, the heirs to give bonds for 90
per cent of the amount.
This matter being settled, the court
announced his decision in relation to
the motion to strike out portions of
Miss Austin's complaint, which had
been argued before him the previous
day and taken under advisement. He
denied the motion as TO the most Of the
sections and granted it as to the allie
| cations that deceased had promised to
give her $4,000, and, at times, as high
as 600; that at his wish and de-
sire she had remained unmarried, and
that he had given away property pre-
vious to making his will to the amount
| of S1,2OO,0OO to his heirs; the latter
because it did not state the time at
which it was given away, or the will
was made. He would, however, allow
plaintiff to amend the complaint so as
to show the financial standing Of de-
ceased when the contract was made.
Miss Austin's complaint states,
among other things, that her grand
uncle, Mr.. Wilcoxson, told her that he
would give her various sums. from
S150,000 to $3.50, 600, for taking care of
him until his death, and that at his
wish and request she remained unmar-
ried, in order that she might give him
better attention during his declining
| years.