Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-08-11
MISTAKE MADE
BY MRS. F|NNEY
PRESENTED A BIG BILL FOR AL
LEGGED CARE OF ROBERT
ELBERLlNG.
CUT 1T DOWN WHEN
THE COURT OBJECTED.
No Explanation offerd-Reduced Bill
Allowed-Estate Not Trans
ferred to Missouri. .

The Montana estate of Robert Elberding,
which Is valued at IS, 1870 in cash, will not
be transferred to Missouri just now, as
Judge Lindsay. who has charge of the
matter, is not exactly satisfied with every
thing In connection with the case.
Robert Elberding is an. insane man and
at present Is in an asylum in Missouri,
having been transferred from the Warm
Springs sanitarium in this city at the re-
quest of a Mrs. Finney, a cousin, who Is
said to be the only relative Elberding has
ding became mentally unbalanced, which
was about a year ago, he had for ten or
Twelve ely years followed the occupation OF
handsome profits from the business. He
was Interested in the Martin & Mosby
no. house ss;n better r known as. as the NJ. & N: After
to the asylum, J. P. Collins was appointed
to take charge of the estate and act as
the Missouri cousin of Elberding, came to
Butte and p%etitioned the court for the
removal Of Eaberding to Chicago. where.
chance of recovering. The order was made
and the guardian Of Elberding's property
| and person directed to place in her keeping
of the trip and other expenses. This was
followed by a petition asking for. the re-
moyal of Elberding's estate from Montana
to the jurisdiction of the probate court OF
Randolph county, No., and also vequesting
the court to allow a bill of 81, 100 for the
alleged care and keeping of Elberding. The
oAAAp wv "a Ao "ASoAIPuAlASd ~ LAO
necessary vouchers. but 1t was flanked by
an affidavit made by Mrs. Finney. Judge
Lindsay refused to allow the bill without
something more substantial than an afr
davit to show for what purpose the alleged
sum had been expended. and Mrs. Finney
REDUCED sss t a11oa am9u mt To- fst 1924. h Judge for Lime fSe
present has refused to order the transfer
of Elberding's property to the Jurisdiction
one NJ. J. Finney is alleged to have been
appointed Elberding's guardian. In pass
ing upon the matter the judge says. in re-
lation to Mrs. Finney's statement:
The account in question shows that on
December i. 1898, the guardian delivered
70 Carrie 2. Finney $4,000 to be used for
Robert Elberding. Accompanying the ac-
count I find an itemized statement by Car
RE e. Finney showing that she had expend-
Of the order SLIGO Of the $4,000 given her,
which expenditure is verified by her am
davit. The statement was not accom-
panied by any vouchers and was so pal
| pably unjust and out of reason that the
court, on July rs, made an order calling
for vouchers " snbstantiat # II hoh OF ne ne
"Thereafter, IN the 9th day Of July. 1922.
court a veriied claim by the said Carrie
E.. Finney in the sum of 1924. %. for ex-
penses Of transportation of the insane per-
same period that the former statement APP
pears to have included, but still without
Vouchers. except for a few, items OF ex-
penditure mentioned in said claim. nus
latter statement. or claim, Is accompanied
by a supplemental report of the guardian
to the effect that it appears that the pre-
vious statement of alleged expenses IN
Cured on behalf of the insane person
named, made up of items set forth ana
sworn to by Carrie E.. Finney, was incor-
rect, and that she did not expend the
amount designated by her first statement,
but only s924.20.
' - ar,3 & vroda nf a mistake h2V1n&
been made in the first statement submitted,
but it would seem that the amount therein
stated was no expended, as set forth. ana
such conflicting 1t Is only
necessary to say that the court is not satis-
1ed that the present claim is a true ac-
count made in good faith, but, considering
all the conditions surrounding the matter.
and that the guardian commissioned Mrs.
Finney, a relative of Robert Elberding, to
take care of the patient and that he en-
trusted to her funds belonging to the estate
Of the insane person, believing that she
) would discharge the duty with fidelity and
with due care to the interests of the estate
} of the said Elberding, I shall allow and
{ approve the account as supplemented and
allow the Finney claim in the sum OF
1924. 20. The court, however, withholds its
( order of transference for the present.
81 shall have the accounts transcribed,
} so that the court In Missouri may ascer-
} tain what has been done In the matter OF
this insane person and his property. SO far
as the proceedings have gone. If this cour,
4 is satisfactorily informed that the proper
8 safeguards, in the opinion of the honorable
! probate court of Randolph county, Mo-, are
} provided, and that it is safe and proper tc
: to the custody of the guardian in that juris.
( dictiOn, an order may hereafter be made
{ to that effect, but the same will not be
ordered transferred until the court in ques.
y 1 - l~ n~l -@-~-