The daily journal. (Salem, Or.) 1899-1903, 1901-06-13
ARGUMENTS MADE
FOR BANKRUPTCY
NO Helrs Oppose Bankruptey.
Continued from Fourth Page.

Two HeirS OppOSe bankTuptCy.
Two Cosper heirs, Mrs. Emma John
son, Of Moscow, Idaho, and Mrs. Irene
Perrine, Of Salem, yesterday filed the
following statement in the probate court
for Marion county;
ITO Honorable John II Scott, county
and probate judge Of Marion county,
Oregon:
Come now the undersigned, and re-
pectfully show to this Honorable Court
~ follows.
"That they are the heirs at law
and legatees and devise under the last
will and testament OF William Cosper,
deceased, which is now being probated
and administered upon in the Probate
Court Of Marion County, Oregon.
"The undersigned are willing that
said will shall stand, and that the estate
Of said decedent may be administered
upon according 30 the terms and pro.
visions Of said will.
"The undersigned are willing that the
suit now pending in the circuit court Of
the state Of Oregon for the county Of
Marion, Department No. ?, In which
Tilmon Ford, as execu.o or Of the last will
aud testament OF William Cospcr, de-
ceased, is plaintiff, vs. A. 7. and +. n.
Gilbert and the Gilbert Brothers and
their wives. which suit is brought for
the purpose OF having an accounting
with the said Gilbert Brothers aud their
wives, may be proceeded with and that
Claud Catch, the receiver appointed
therein by the circuit court, may con.
tinue 70 act AZ the permanent receiver
In said suit, until said accounting is
c0mplete or until further order OF the
ciIcuit court.
eve further show TO this Honorable
Court that We are opposed to bankruptcy
proceedings, az now commenced in the
United States District Court st Portland,
Oregon, believing that the suit now
pending In the circuit court OF the State
Of Oregon for Marion county, IL the
proper and tho better method under all
the circumstances OF obtaining a COM
plete accounting with the Gilbert
Brothers and their wives, aud that II
can be more economically managed
through the said circuit court OF Marion
county, Oregon, than through the Court
Of Bankruptcy, and that In the end more
can be realized for all parties concerned.
I'VE therefore oppose bankruptcy pro-
ceedings, and do hereby authorize the
executor. Of our deceased fathers will
and testament 10 use his best efforts in
our behalf 10 have faid bankruptcy pro.
ceeding dismissed, or stayed. II not dis
missed until the final accounting in the
circuit court OF Marion county Oregon"
History Of the Case.
In Nov. 1900 Tilmon Ford was Ap.
pointed executor OF estate OF VIM Cos
per with will annexed.
Saturday April 2Oth Mrs. Emma
johnson Of Moscow, Idaho, began suit
against Tilmon Ford administrator, and
the Gilbert Bros. for An accounting to
the heirs Of the estate OF VIM. Coaper,
In the sum OF 100000. Petition alleges
Sstate worth $4,000 while appraisers
valued II at $4,000.
Tuesday April %, bank closes, aud
United States Marshal serves papers on
Gilbert Bros. rilmon Ford executor saws
estate does not include $4,000 property
Of Cosper owned In Idaho.
Thursday April rs Henry b. ThielSen
Of Salem named by Judge Iiellingei Of H.
s. Circuit court as temporary receiver.
Thursday, May s, Tilmon Ford, exec.
uIor OF the wE. Cosper estate begins
suit before Judge Boise In circuit court
against Gilbert Bros., alleging ooRyer-
sion OF deoedents funds aud asking an
accounting aud receiver.
Saturday, May IL, JOURNAL publishes
list OF 255 school children depositors in
Gilbert Bros. bank
Friday, May Is, Judge Boise names
Claud Catch receiver. Files his bond
with A. Bush as bondsman.
Thursday, May 90, Mr.. rhiolsen tiles
his report as receiver, and report shows
by Gilbert Bros. books and his statement
that bank was In solvent. Books OF
bank show resources OF bank t2i2 ,S6S 90.
estimated value Of same by Gilberts
Sl70,6S6 80. by Thielsen N6i, 1884.
Report shows securities withdrawn
,95 900.
Friday, May "a, Judge Bellinger
decides he has no Jurisdiction.
A. +. Gilbert la interview says he
expects bank 10 pay 70 cents ON dollar.
Saturday June s suit Of Intervention
begun by VIM. spayd, NJ. l.. Jones ct
NJ, depositors, 10 make VIM. Cospor a
partner Of Gilbert Bros.
Thursday June lSa petition asking
Dank kTuptCy proceedings argued be.
orc Judge Bellinger.