The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-12-22
Guardian Makes Grave Charges
Against An Executor.
HEARING FOR NEXT WEEK
ESTATE OF MORRIS LIVINGSTON
THE BONE OF CONTENTION.
Wrongful Diversion of Funds Al
legged - Money Paid on Mining
Claims Said to Be Owned, But
Which the Court Knows Nothing
of-other Court News.

Some very sensational developments
are likely to arise at the hearing of the
matter of the estate of the late Morris
Livingston, which will come up before
Deputy Clerk Blair some time during
the coming week, unless postponed by
agreement, which is not at all likely.
Brief mention of objections to the ac-
count of the guardian of the minor
heirs was made a few days ago, hut
not until the charges were filed yester-
day by E. d. r. Thompson, the guar
dian ad Item, could anything specific
be obtained.
estate, and a short time ago he fled
his account. Comes now, as the attOr-
neys say, r. d. r. Thompson and OBJ
JectS to the account and the approval
thereof, for several reasons. Included
in these are objections because it APP
pears that for a time in 1896 there were
buildings and houses in Ogden which
belong to the estate which were not
rented as provided, and buildings in
this city, which were not rented in
1897, according to the words of the re-
port. The guardian then charges that
the executor has charged the estate
with work, alleged to have been done
in 1895, 1896 and 1897, on certain mining
claims in Mercur, and for supplies pur
chased for such mining claims, amount
ing to nearly 500, when it does not
appear that the estate owns, or ever
did own, any mining claims at Mercur,
and, if so, that this expense was neces-
sary. The guardian also contends that
no report of this expenditure or the
fact of ownership on the part of the
estate was ever made to the court.
The guardian also objects to the ac-
count because certain moneys have been
credited to himself in an alleged case of
Brockbank VS.. James Thompson ct al.
on a judgment of 1902 and a further
payment of $50 attorneys fee to S. w
Darke, and also to the payment of a
fee of $25 to Darke, in the case of Sheeb
VS.. Thompson ct al Petitioner also
claims that $776.76 was credited by the
executor to himself for commission on
appraised value of real estate and rents
collected, which said crediting was
wrong. Also for the transferring of an
alleged amount of 81 219.41 from the es-
tate of Julius and Ralph Livingston.
the minor heirs of the deceased, to the
credit of said executor, Thompson,
without any warrant of law or au-
thOrity of the court. The prayer of pc
titioner is that these items be stricken
from the account.
But the guardian ad Item does not
stop there. He files another petition in
which he alleges that IN august, 1872
there was balance on hand belonging
to the minors, which was in possession
of their guardian, the executor, in the
sum of 81, 715.06, as shown by his last
report. That he has only credited them
with 5000 interest received on this sum
during the entire time from August,
1895, until date. The petition alleges
that at least the sum of $500 should
have been credited.
Objection is also made to the credit
ing by James Thompson to himself of
$2050 for the support and maintenance
December, 1898, a period of forty-one
months, at the rate of $50 per month.
He also objects to the clothing allow
ance of Sc per month during that time
or $246 for the entire time. Objection
is made to an item credited to the exc
cutor for commissions on sale of real
estate of $3.50, the appraised value of
the property having been $1,000. OBJ
lection is made to the payment of
$2,219.4 from the fund of the estate to
the executor as having been, if ever,
madC without any warrant of law or
authority of the court.
He also asks that the executor be
compelled to furnish new bonds, that
his every official act be scrutinized, and
that if he is allowed to continue the
trust legal safeguards be placed around
him.
1t is quite likely that an answer will
be made, because the allegations of the
petition are tantamount to accusing
James Thompson of gross mismanage-
ment, to say the least. Blair will hear
the testimony and make a report.