The Providence news. (Providence [R.I.]) 1891-1906, 1898-12-06
Children Claimed They Did Not Receive
Share Of Fathers Estate.
AMOUNT INVOLVED ABOUT $500
Defendants Contended That All the konsy Was
Paid Over 10 Mrs. GalIIgan While the Present
Claimants Were Yet Minors.

Judge Rogers OF the Appellate Court
today handed down his decision i'm the
jury trial waived case Of the Municipal
Court of the city Of Providence VS.. Ber-
nard McCulla ct al, which was heard
by him. The decision of the court is
that there was no breach of the bond
by reason of failure to file an inren-
tory or an account, and that as to the
charge made in the suit, of failure TO
administer according to law and the
provisions of the will, the suit was
prematurely brought. and that the de-
PENDANTS are entitled to judgment for
their costs.
Bernard McCulla was appointed with
Michael Brady one OF the executors of
the last will and testament of Edward
Galligan, who died August 81. 1877. Mr..
Galligan bequeathed To his wife Ellen.
and his two children, Ann and Peter,
the sum of 5000. 10 be distributed equal
ly between them. share and share alike:
and he also made his wife and two
children his residuary legatees. Mr..
Brady declined to serve as executor.
and Mr.. McCulla qualified, giving bond
in the sum of $4,000, with John Nor, -
and John NJ. Brennan as sureties.
The testator's widow died about seven
years ago. and the suit was brought
for the benefit of Peter John Galligan
and Ann Eliza Galligan. The executor
testified that he had paid the whole es-
tate from time to time and at various
times between October 4, 1877, and May
%. 1882 TO the widow, Ellen Galligan.
and contended that was legal pay
ment to- or rather To the use Of the two
minors, the real plaintiffs i'm the action.
ON April 10. 1897. a few weeks after
Peter j. Galligan attained the age of
21 years. he and his sister applied to
the Municipal Court of Providence for
a citation to Bernard McCulla to file an
inventory OF his testator's estate and
for an account, none having been pre-
viously filed by him, and he was or
dered to file an account. He filed a
swOrn statement i'm iieu of by a formal
inventory. setting out that all the es-
tate which came into his hands and
possession was a deposit i'm the Peoples
Savings bank Of Sl0s.74. which he drew
from the bank October T. 1877, and a
deposit in the Providence Institution
for Savings. which with interest
amounted TO $562.32. This account was
dlloNtu anu ilo appear NdS tdheH NItIt-
from.
Both Peter and Ann Galligan testl-
fled they never knew of McCulla's pay
ing any money to their mother. nor did
they know i'm her lifetime that they
were entitled to any money. Mr.. Nc
Culla testified he never read the will.
Judge Rogers holds that the sworn
statement was equivalent To an account
and thinks the plaintiffs declaration is
defective, the breach of bond alleged
being a neglect to divide a residue re-
naming i'm his hands. This cannot be
allowed until the legatee has recovered
judgment against the executor i'm the
action given by statutes. and Judge
Rogers says that an heir or distributee
is not allowed to sue the bond because
he has not been paid his distributive
share until after an order OF distribu-
-tieH-Aas- been -pasee4aHd he has de-
manded il.