The Saint Paul globe., 1899-03-17

of the City.
The matter of the guardianship of AL
!reo .. klttson, incompetent, came up be-
1ore Judge Bazille yesterday in probate
court on an order to show cause why
william H. Mcdonald should not be per-
mltted to file a claim against the estate
Tor $9,8S5. 4S, although the statutory time
Tor filing has passed. The court took the
matter under consideration, and from re-
marks made during the hearing gave the
inference that the matter of the conpro-
mise with the creditors at 80 per cent,
made by order Of the district court is
likely to be reopened
The district court in making the COM
promise called in all the creditors. and
many of the claims allowed were such as
should not have allowed, and were
never filed in the probate court. as re-
quired under the statute" said the court.
The question has arisen in conflict be-
tween the rights of the district court over
the trustees of the estate of Norman
k1ttson and the guardianship of the pro-
bate court over the person and estate OF
Alfred s. Kittson, who Is interested in
the trust.
Under the order of the district court
the st. Paul Trust company, as trustee.
was required to pay over to Violet K
Kittson, as guardian of of A. s. Kittson.
| $24,5OO SO, and yesterday she filed an ap-
! plication to have the amount of her bond,
which had previously been $500, fixed by
the probate court The application was
for leave to file bond of $25, 900. The ap-
| pl1cation was taken under consideration
| In view OF questions that may possibly
arise, and the amount may be fixed al
| a much higher figure in case the St. Paul
Trust company is called upon for an
accounting Of the S., 900 of money belong.
Ing to the estate of Alfred S. Kittson that
1t has distributed among the creditors un-
der the so per cent compromise ordered
| by the district court.
The hearing of the claim of w. H. Nc
Donald brought out a large force of at
torneys. Samuel A. Anderson and How
q Butler appeared for the petitioner, and
John H. Ives on behalf of Violet S. Kilt
son, as guardian of Alfred S. Kittson.
The claim, which aggregates $9SS5. 4S,
according to Mr.. Mcdonald, came to hin,
from William F. Bickel, and Is for money
advanced to A. s. Kittson between Feb.
1, 1885, and Jan. 16, 1897. The claimant
alleges that he never had notice or
knowledge Of the issuance of an order for
the appointment Of a receiver, limiting
the time within which the creditors of A.
s. Kittson might file their claims in the
probate court, until on March 7, 1897
After reciting the fact that Violet 8.
Chippewa Falls, where they were called
by an accident to Mrs. Kittson's brother,
Attorney John H. Ives submitted to the
court personal affidavit in which he re-
cites that the affiant never heard Of the
claim Of w. H. Mcdonald until about a
week ago. He believes the claim has no
merit whatever, and if any Of the items
are just and proper they are not the
property Of Mr.. Bickel or Mr.. Mcdonald,
but rather the property Of the receivers
Of the Minnesota Savings bank, which
became insolvent during the management
of Mr.. Bickel.
THAT compromise has recently been
made by the Kittson creditors of the
Indebtedness due and that about $57 900
has already been paid out under the
agreement by the st. Paul Trust COM
pany. That If this claim is allowed there
will not be, after paying preferred claims
and expenses of administration, suffi-
cient money to pay the claims of those
who have long ago filed their claims in
the probate court and whose claims are
yet unpaid; and creditors will not be able
to obtain so per cent Of their claims, and
probably not even so per cent. That the
claim has been kept in the dark for some
purpose unknown to affiant, and the com
promise was made on the supposition
that no such claim existed"