The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-04-27

T. A. Shells, resident Of ogden,
who is one Of the executors of the will
OF the late Robert ]. Hill, is charged
with collecting and receiving, on behalf
of the Hill estate. the sum of 10.
for which proper accounting was not
made in the appraisement and inven-
tory of the estate filsd by the executors.
This charge was made IN a document
regularly filed in the district court at
Ogden last Tuesday, the substance OF
which was published by The Herald
and other newspapers. Shells now al
leges that the publication of this court
document by The Herald has damaged
him to the amount of $4,000, and in q
suit Instituted at Ogden demands Judg-
ment for that sum. 1t does not appear
that he considers himself damaged III
any amount through the publication OF
the same facts by other newspapers.
The document for the publication OF
which Shells thinks The Herald should
pay him the small sum of $40, COO was
filed by Thomas MalOney and Richards
& Allison, attorneys for certain de-
ViseeS narled in the will of the late
Robert ]. Hin. 1t was notice of a
motion to set aside the appraisement
and inventory filed by the executors of
the viii, on the ground that it was de-
ficient, erroneous and insufficient, and
to require them to file a supplementary
appraiGsment and inventory.
In order to show that the document
did, in fact and in truth, contain all The
allegations stated by The Herald in
the publication complained of, which
publication Shells declares was false
and defamatory," d full and true copy
of the notice is now published. 1t fol-
lows:
IL the district court of the Second ju-
dicial district, county of Weber and state
of Utah. In the matter Of the estate of
Robert J. Hill, deceased. Exceptions TO
appraisment and inventory. To Rev. Will
liam Il. Mason and Frederick A. Shells,
executors of the last will and testament
of Robert J. Hill, deceased, and George
Mccormick, esq, their attorney.
Take notice that on the LIST day of May,
1900, at 10 o'clock n m of said day, or
as soon thereafter as counsel can be
heard, we will move the above named
court at the court room thereof, in Og
den, Utah, TO vacate and set aside the
appraiSement and inventory heretofore
filed by said executors and appraisers and
to require them to file a supplementary
appraisement and inventory of said eS-
tate on the ground and for the reason
Shat SAID inventory and appraiSement are
deficient and erroneous and insufficient
and do not show the assets of said eS-
tate in the following particulars, to-wit:
That the real estate devised to the I'M
g
plat y, of Ogden City survey, is appraised
at a sum far in excess of its actual value
and at a sum that IS excessive and ex-
OTbitant, to-Wit: At the sum of s.. $50.
when the said property has been offered
at $4,000 and could not be sold therefor
and is assessed at the sum of 500.
They except TO the sufficiency of the
inventory filed in this court on the nth
day o. March, 1900, and allege that the
same IS deficient on the following grounds,
to-wit.
the following Gums due the estate O. the
Saiu testator:
A-A.l account due the said estate
from Willard Snow. for pastur-
age Tor the year lS9S..-....-......S 10 90
BAN account for paSturage due
said estate from Willard Snow,
for the year 1893. ................... 10 90
Can account for pasturage due
for the year 1900. ................. Is 90
estate from I. P. Frodsham...s % %
E-MOney paid to Frederick A.
Shells Zone Of the said exc
cutOrs) with which to pay water
not s BEEN nS PAID aid io'. . ~n'on mas IS DC
F--Money collected by said Shells
with which to pay sewer taxes
for the year 1899, which has not
G-Money collected by said Shells
with which to pay state, county
and municipal taxes for the year
1895, which have not been paid. II o.
H-MOney collected by said Shells
with which to pay state, county
and municipal taxes for 1899.
which have not been paid ...... 81 81
Money paid to said Shells on
sale of personal property of said
testatOr on the 18th lay of June,
1873 .-.-..----.-....---...-.--. 1t9 W
J-Money collected by said Shells
for rent of house and lot, Bun
galow," from 1st day of July,
1898, to 1st day of July, 1S99..... 300 90
K-Money paid to said Shells by
Mrs, Hurst for furniture sold,
about ~ ~. .................... 70 90
L-Money admitted by said Shells
in his statement sent to the
testat0r as due him, said tes-
IdlOI 10 90
M-Rent of house and lot from the
eth day of July, 1879 to the 7th
day of April, 1900, at the rate of
80 per month, due from said
Smells .......-..-....- 20 W
Nan account .le said estate
from O.. G.. Griffith o.. .........-.--. 80 90
O-An account due said estate from
George Driver ..-..----.-..-.-. 10 =
$1.2Oe IS
April "A, 1900. THOMAS MALONEY,
RICHARDS & ALLISON