Waterbury Democrat., 1901-12-10
.EXECUTOR ON TIE SMITH WILL
Judge Wheeler Decided In Fav-
 or of The Trust Company.
s. F. Williams Commission Case Was Taken Williams Is Trying to Collect Fee for Making Loan for the Randolph-Clowes Company.


 the Randolph Cloves Company.
 Judge Wheeler resumed business Ill the superior court, civil side, tlls morning at 10 o'clock. Before taking the bench he handed to Clerk Marsh q few decisions. In the case of John w. Mcdonald, the city sheriff, against Mary Gagain for S1.0O0, judgment was rendered for the defendant with costs. The plaintiff in this matter sued to recover the above named sum which he claimed she had given him by de- posting it ill bank, and afterward
 withdrew it. This was denied by the defendant
 In the appeal of the Farmers Loan and Trust company of New York from the decision of Judge Lowe of the pro bate court, judgment was given for the appellant The circumstances Of this case are briefly these: Edward S Smith. who was connected with the smith x Griggs factory in Simonsyille, left two wills. In the first he nomin- ated his wife his eXecutriX and i'll the second he removed her from that Of flee and selected the Farmers Loan and Trust company in her stead. In probating the will both these parties were represented by counsel, both claiming to be the duly appointed ex- ecutor and e2ecutriX. Attorney Cole, counsel for the widow, claimed the Trust company could not competently carry out the obligations of the will, being an alien in this state. Attor- ney O'Connor, counsel for the alien claimed otherwise. Judge Lowe ruled favorable to the widow and the Trust company appealed to the superior court with the result above given
 The ease on trial to-day was that of
 Samuel F. Williams against o. w. +.
 Randolph, administrator upon the es- tate of the late Edward Randolph of the firm of Randolph S Cloves, for 5000 commission on loan he claims to have secured for him. This suit
 is an echo of the formation of the Randolph-Clowes company, successors to Randolph x Gloves. Some of the history of the formation of this con cern was given by MT Williams ill his testimony. There had been a num- Der of meetings at which Charles Mill
 Ter c. P. Goss, Mir Gloves, Henry Fl. Peck and Messrs Bates and Warren of New York, besides the defendant and
 others of the heirs. were present. The
 Randolph &5 Gloves company at the time of MT Randolph's death owed $2S5, ,0O0 and it was necessary that something should be done immediately to keep the concern going. Mir Cloves had no funds and he consulted the plaintiff to secure him a loan. At length affairs began to assume definite form A meeting was arranged to take place at the office of MT Peck in
 the Scovill house with the object to discuss means 10 raise funds to pay off this S2S5.000 indebtedness. Mean while plaintiff was negotiating with New York people to raise the proposed amount and Mir Cloves was in core spondence with Boston parties. MT Cloves idea was to issue bonds for half million dollars secured by a
 mortgage on the factory and machin- cry and this proposition appeared ia
 vorable to Mir Cloves friends.
 This meeting in the Scovill house 1 turned the trend of affairs into diff ferent and more convenient channels Mir Miller offered or was asked to loan the required sum. plaintiff was not sure which. MT Miller asked Mir Goss if the concern could stand q loan 1 of S250,000 and MT Goss thought it could. It was suggested to try to sell some of the bonds Mir Cloves pro posed issuing, but the result of the 1 meeting was, nothing. At q subse- quent meeting which was held at wit ness house MT Cloves told Mir Miller he could do nothing with $250,000: S300,000 was necessary. Mir Miller
 thereupon agreed to give the required sum if the heirs would give him $25,- GOO of preferred stock and the same amount of common stock. Mir Bates of New York, who was at this meet ing, went to New York that night to see the defendant about Mir Miller's offer and Mir Randolph said it was all | right. At this point Colonel Burpee,
 counsel for MT Randolph, objected to this testimony, and the court replied that so far he did not consider MT Randolph in the case. Mir Williams.
 resuming, said MT Millers offer was
 accepted and the new company formed by him, he receiving one share of stock. The money, however, had not
 been paid over and MT Miller refused to pay it until Mr Gloves was elected from the new company or the heirs sold him, Miller. their $4OO.O0 worth
 of stock for S1O0,0OO.. On closer uues- tioning Mir Williams said he was not sure whether Mir Miller had objected to MT Gloves so vigorously as witness had first stated, but he was sure there
 was some objection to his being in the new company.
 MT Miller was the next witness. A
 number of papers were introduced showing the nature of the mortgage
 Mir Miller has on the factory the sum paid and for what it was paid.
 Attorney Warren of New York counsel for the administrator upon the estate of Edward Randolph, testified that all he knew about Mir Williams presence in the transaction was that
 he heard him tell Mir Cloves one day that Mir Miller was all right and that as he had said he would give S250, ,0O0 he would give S300O00. After the company was organized a resolution
 accepting Mir Miller's offer was reject
 ed by the company. This was to give him mortgage on the premises. How
 ever, Mir Warren came to this city to inquire into the matter and AIr Miller said he would give only $250,0O0 and 1 Uifuncc fold him That fhfa crfn xvo11lf3