Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1901-08-08
CITY ASKS FOR THE MONEY.
Hearing in Probate Court of the Dispute
in Patrick kennedyis Estate

Montpelier. Aug. "A hearing was given
to-day in probate court for the district of
Washington on the case entitled " in re-
estate of Patrick Kennedy. Timothy j..
kollohor administrator This is
the case In which the city IF
Montpelier claims all of the estate Of the
deceased over and above tho sum of 81 100
on the grounds that ii was forfeited to the
city by Mr. Kennedy for fiadulcnt returns
in his inventory for taxation. Mr. Ken
n,dy had never of late paid more than n
icll tax, he repre- scntng That he had no
real or personal property of any kind. Up
on his death it was learned that he had
money in various savings banks and trust
companies rs follows, viz: Granite say
irps Bank and Trust company Of Iurrc,
$li33. Is; Burlington Trust company of Bur
lngton AO7.2i; Burlington Savings Bank,
OF Burlington. Sl,2l0l9; Winooski SAVINGS
Bank of Colchester. $?67.3i Passumps;
Savings Bank of St Johnshury, 81, 80 -;
Granite Savings Bank and Trust company
in trust for Mary McGowan, 81 59l.E; Bur
lineton Savings Bank in trust for Ellen
Kennedy, S2,S3j.1j; total, sI2SG779
10 this sum Is to he added the interest
accrued in the past eighteen months Or
whereabouts. The city claims all of the
money i'm the various banks in Kennedy :
name above S1500 and the entire sums held
in trust.
I'm the hearing this forenoon it was
brought ont that really this method Of
procedure was taken with the expectation
that the claim would not be allowed in pro-
bate court but that an app al would then
be taken to county court and rcCoVC; !
loutcd for under statute.
1t was contondcd 10y the estate that he
probate court has no jurisdiction owe. this
as it can in no case be lit clgim inlsmu II
a. tn" right to all recovery ON turts ur
where there is penalty dies with the pei
son
Judge Carleton held that tho court could
not do anything about the deposits in trust
for the banks refuse to gi.c them up to
the administrator and they will un1oubtod.
lN 60 to the ones for whom they are nom
inallN deposited If the city claimed that
money bill in chancery would be ncces-
SarV to get il.
Tho court withheld its decision on the
other points at issue until further exam
nation of the law. although he expressed
his belief that the claims coulG not be al
lowed.
If probate court takes COgni2Hnce of the
petition at ali the matter will go to county
court.
ARRESTED FOR CRUELTY TO AMI
MAILS
Randolph, Aug. 2.-Thursday afternoon
Sheriff j. +. Lamson arrested Jerome
Shaw, who lives on the john Eimlall
farm in Fast E}raintrc" and his hired
man, Walter Edison. who Is said to >,
the Young mHn implicated in the Peter
Rockwell incest case, ON q charge Of
crucllN abusing horse last Monday. COM
paint was entered to Grand Juror james
liut, hlnSon hN six citizens who witnessed
"a cruel Clubbing of tho unfortunate bca I.
y hearing was held IN tn" office of Nj. Nj.
Wilson. who appeared for the State. be-
fore Justice James A. Fowler. j. II. Don
tSon appeared for tn" defence and nv
agreement the trial was ordered coutin-
ucd until Monday morning iiail WAS tiNod
In each case ut $50 1t WAS furnished hy
Shaw. who left at once on the mnCnligh,
excursion to burlington. Edison ropoScd
in the Vilac" lookup until yesterday.
BALL GAME At WESTON
Weston. Aug. "A very close and cA-
citing bah game was played here tO-da )
with East Dorset. the visitors finally win.
ming hy one run. The features were tn,
batting of Davis of Dorset. and the field.
ing Of Crane, Brooks. Bottsiord and brif.
nth: clayton. Smith and croft of Yves
ton. The batteries were Dorset BrnC