The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-10-06

STATE OF MINNESOTA COUNTY OF
District.
In the matter of the assignment of Henry
M. Bristol and M. A. McArthur,r CO.
partners as Bristol & Macarthur, In
State Of Minnesota, County of Rams ey-ss
Charles E. Clarke. being by me first
duly sworn deposes and says:
That he IS now, and for many years,
last past has been, one of the execute s
of the estate0 of Henry Hale, Decease1,
and that the other executors of the
said estate at the present time are Mary
E. Hale and Paris Fletcher, of st. Pan,
Minnesota era ndssF'rederick c. Hale. of
Chicago, illinois,. 49,,
That on or about the 10Th day of Au-
guest 1855, the above-named Bristol &
Macarthur made an assignment under the
insolvent laws of the sState of Minneso ia,
unto one, - Alexander NJ Pseabody which
other steps taken therein as by .aN re-
qufred.
That at the time of such assigrme t
the said Alexander M. Peabody duly fled
bond as assignee. with, said He r.
Hale and one Julius Austrian, as sur it's
thereon In the sum. of Thirty-two Thou
sand and Fifty Dollars ($}2. 059.C0).
That thereafter the said Peabody re-
ceived in cash belonging to said ass gn d
estate the sum of Eleven Thousand, Fiji
teen Dollars and Seven Cents rs I, Is o.
and under and pursuant to certain or
ders of the Court herein, was allowed the
sum of Twelve Hundred Tween y-Iine
Dollars and Sixty-efght cents tSl: 229,6 } as
credits for expenses and costs of the al
ministration of said estate. up to May,
1888. and under and pursuant to the or
ders of this Court distributed among he
creditors who had duly fled their clai MS
and releases in, this proceeding, the sum
of Six Thousand seventy-ejeht dollars
and 8Nf4etyaeight. Cents CSC 07S.ss), leav-
Ing inthee hands, Of, said Peabody at hat
time the sum of Three ThCus and, Three
Hundred ana NFnety-four Dollars ard
Sixty-one Gents s3394:614.
That thereafter and under and pu su,
ant to the order Of this Court, the 81 d
Peabody paid the sum of One Th9us md.
Seventy-six Dollars and -Ftfty-five Cents
81, 07e:55l in satisfaction of Judgment
leaving in his hands the sum of Two
Thousand, Three Hundred and Eight Ell
Dollars and Six Cents (s2,SiS.f6l. on toe
End day of January, 1892, belonging to the
said assigned estate.
That on the said End day of J III 'ry,
1892 the said Peabody converted the said
sum of money, last above mentioned. to
his own use.
That thereafter, and in the month of
moved as assignee. aforesaid, and enc:
in his place and stead, and is row actiag
as such substituted assignee.
That thereafter the said Charles J.
Berryhill. as such assignee, CONNIE ced
body and the executors of the Ha e es-
tate, which action resu ted fraly in a
judgment against the said executors for
the sum of Three Thousand, Four HIr-
dred and Eighty-six Dollars and For y
nine Cents f$3, 4S649), on the 9th day of
February, 1899, and further adjuzging
against the said executors. a"d cert fy-
ing the same to the probate court
Ramsey County, and ordering that the
sum be allowed and paid by said eXscq-
tors in the due and orderly course of adj
miniStration from the estate of said H n
ry Hale, Deceased.
That an appeal was taken to the Su
preme Court from said Judgment by TIE
said executors, which appeal was in the
month of July, 1899, duly affirmed.
This affiant further says that he IS the
full knowledge of all its assets and La
bilities That the said estate has no
money or other property on hand which
o CO sai9 ee pPhed to sa Is
vested with a large amount Of real es-
tate in the City of st. Paul, which is
mortgaged in large amount. and tn
all the rents and revenue received b,
said estate will necessarily be pal ut
for taxes and interest on said mo tgages.
and necessary improvements on 50
not be paid for more than one year, ID
in the judgment of this affiant for m0re
than two years in the due and orderly
course of the administration of said es-
tate, and only then If the City of S..
Paul is more prosperous than at present,
or during the last five years.
That this afffant is willing personally TO
advance to said estate the sum OF Three
Thousand Dollars (s300A.OoD for the pur-
pose of paying said Judgment, If the
same can be satisfied by the payment Of
such amount.
That affiant has requested Mr.. Perry
hill. as substituted assignee, to make a
petition to the Court setting up said
offer, but that the said assignee .decl ned
so to do. That this affiant has ia k d
with number of the creditors interest
in this assigned estate, whose claims
amount to more than one-half of the
aggregate claims filed. and they have an'
expressed willingness to accept such
offer.
That this affidavit is made for the pur-
pose of having said substituted ass gnee,
and the creditors of the said Brst0l &
Macarthur cited before this court to
show cause why said offer should not be
accepted and said assignee ordered to
satisfy said Judgment.
CHARLES F.. CLARKE.
Subscribed and sworn to before me this
Bird day of October. 1899.
(Notarial Seal) A. E. MCCARTNEY
Notary Public, Ramsey Co, M nm.