The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-04-23
Deny Charges Of Fraud Made By
Administrator.
STATUS OF MINING STOCK
DECEASED RELATIVE NEVER
PAID FOR 1T.
Father and Brother of the Late
Charles w. Miner Explain the
Facts Concerning the Tuscarora
Stock-McGinnis Charges De-
nounced as Slanderous and False.

John Miner and Stanley B. Miner
yesterday filed with the county clerk
their answer to the petition of James
E. McGinnis, asking that John Miner
| be removed from the position of admin
istrator oe the estate of Charles w.
Miner, deceased. In his petition for
John Miners removal, Mr.. McGinnis
accused him of attempting to defraud
Charles w. Miners heirs of $4,000
shares of the Tusearora Mining COM
pany and of collision with Stanley B.
Miner to that end.
John Miners answer denies emphat-
ically the charges of fraud set forth
in McGinnis' petition, and states that
he was informed by S. B. Miner that
at the time of the organization of the
TuScarora Mining company ). B. Mill
ner had promised to give Charles w.
Miner $4,000 shares of stock of the COM
pany, upon payment by Charles w.
Miner of his proportionate share of the
cost price of the property. He states
that he believes that no part of this
purchase price had ever been paid by
Charles w. Miner, and that he never
did anything toward the development
of the property.
He says further that S. 2. Miner
has agreed with him, since his appoint
ment as administrator, to go before the
court and ask for a judgment as to
who was owner of the stock. He says,
in conclusion, that he did not inventory
the stock of the Tuscarora Mining COM
pany as part of the estate OF Charles
" Miner. as he did not believe it to
be- part of the estate.
He appends letters from Charles w.
Miner, written shortly before his
death, saying that he had 1900 shares
of T1S ctr Of NNrni ha
sold 1000 to Harley Miner, a brother.
S. B. Miners Answer.
Stanley B. Miners intervening peti-
ton and answer states that at the
organization of the Tuscarora Mining
company, he had suggested to his
brother, Charles w. Miner, the adviSa-
the stock, and it was understood be
tween them that Charles should take
1900 shares and should pay his pro
rata portion of the purchase price of
the property. He goes on to state that
Charles died before the company was
formed, and without paying any portion
OF the consideration for the L, 600 shares
he was to have taken. When the COM
pany was formed the question of set
ting aside %, 900 shares of the colnpany's
stock, to include Charles Miners 1900
shares, and those of certain other MEM
bers of the family, was discussed and
the petitioner settled it by taking U.s.
900 in the name of IS. B. Miner, trus-
tee" He offers to turn over 1900
shares to the administrator, although
he is advised that he is not legally
bound to do so, if the court so orders.
in order that litigation may be avoided,
by that means placing the estate in the
same condition as if the parole under
standing with his brother had been
legal contract. He adds, however. that
he does not do this because of the fling
of McGinnis' petition for he had re-
quested the submission of the facts to
the court some time before the petit
ton was filed.
In concluding, the petitioner de-
nounces the charges of fraud made by
McGinnis as cruel, malicious, false and
wholly unwarranted, and prays that
McGinnis' petition be denied, and that
the court make such order respecting
the $1,000 shares of stock as it deems
best for the interests of the estate.
Dey e Street are attorneys for s. B.
Miner, Booth, Lee & Richie for John
Miner, and w. R. Hutchinson for j.
e. McG;nnis