Omaha daily bee., 1901-03-05
FOR SPECIAL ADMINISTRATOR
Legal Stipulation is Filed BY the Heirs Of
Thomas Officer.
PURPOSE TO AVOID UNNECESSARY COSTS
Complete Inquiry IL Sought as to All
Assets and Property-Acts ms
Estoppei I'm the Bank
Case.

The conference last week between Judge
Thornel OF the district court and n number
OF attorneys representing creditors of the
Oficer d Pusey bank has resulted in the
heirs OF Thomas Oficer filing a stipulatio
yesterday, in which they agree to the ap-
pointmtnt Of n special administrator. A
number OF the banks creditors wished 10
bring suit to set aside deeds executed ~
Thomas oficer and w. II. NJ. Pusey during
their lifetime. conveying property to the
various members OF their families, and the
conference was held for the purpose OF
discussing the method OF procedure to be
followed in the event II was found neces-
sary TO bring such suits.
The stipulation Is signed by Mrs. Eliza
beth Ofilcer. widow OF Thomas Officer, and
his three children, Charles T. Oficer. Will
lam =. Of1cer and Julia r. Oficer. They
make the stipulation for the expressed pur-
pose OF avoiding unnecessary costs and
litigation and TO provide for complete in
quiry as to all assests and property of the
estate OF Thomas Officer.
Authority TO Investigate.
II provides: That the court may appoin,
some proper suitable and discreet person
as special administrator OF the estate OF
Thomas Officer, deceased, with authority
to make Investigation as to any alleged
or pretended claims or causes OF action
against any OF the parties hereto, or any
property. assets OF the estate OF Thomas
Oflcer. which 1t is or may be claimed that
any OF the parties hereto wrongfully hold
and with further authority under the direc-
/ ton. and with the approval OF the court
to institute any action or actions against
the parties hereto, or any Of them, for the
recovery OF ary claims which 1t may be
| thought the estate OF Thomas Officer may
hold against them, or any assets OF said
estate which 1t may be claimed they hold.
The stipulation further provides that II
shall operate as an estoppel against all
the parties to the action OF G. T. Officer
administrator. against officer g. Pusey from
objecting to the authority OF the special ad-
ministrator to bring suit with all the right
| power and authority, but no more than the
general administrator would have" Charles
T. Officer as administrator OF the estate
| OF Thomas Oficer. deceased. consents to
| this.
Julia +. Oficer on her part specially
! stipulatos and agrees that for a period OF
! 120 days from and after the date of this
, stipulation to make no disposal OF the GER
| lain shares in the Empkie Shugart COM
pany. owned by her and standing in her
| name, but which are now in the possession
| Il Receivers Beresheim and Murphy, as
| ollateral security to her indebtedness tc
- arm of Officer e. Pusey.
ImpartiaIity IL Sought.
The intent and purpose of the stipula
ton, II is set forth. is, to avoid all ques'
tion as to the right to appoint a specia
| administrator for the purpose therein SCI
out. to the end that there may be an i'm
partial investigation Of any claims made
or suggested against the parties thereto
and to enable suit to be brought thereon
| II the same shall be deemed advisable fol
| the best interests OF the estate and to
avoid a multiplicity of suits, unnecessary
costs against the estate. the institution o.
| improvident litigation and to insure thai
nothing will be done to impair any righ
which the estate may have.
| The stipulation also provides that It Il
| to be in no manner construed as an admis
sion that any cause of action exists against
all, or any OF the parties thereto, the same
being expressly denied by them.
| j. T. Oliver and $. G. Underwood, ad
minstrators OF the estate OF the late Cap.
tain Daniel Eicher filed notice OF appea
| to the supreme court yesterday from the
ruling of Judge Thornell. denying prefer
ence to their claim against the Officer &
Pusey bank. Their claim for preference
was dsallowed on the grounds held b,
the court that the administrators had de.
| posted the moneys OF the estate in oper
account, subject to check. and had not eX,
ceeded their authority in so doing ant
such deposits simply established the rela
| tions Of creditor and debtor.