Waterbury Democrat., 1902-12-02
A Very Spirited Hearing In the
Probate Court To-Day.
$40, 900 OF ESTATE MISSING.

One of the Heirs Supposed to Have It.
But She VIII Not Disclose Its
Whereabouts-Atto GuilfoiIe, for
Other Heirs, Wants the Woman Re-
strained from Expending It-Hear
ing Adjourned Until Tomorrow.
In the probate court this morning an
excited hearing took place on the es-
tate Of the late Michael McGivney. At
torneys Russell and Kelley appeared
for Mrs Catherine Scadden and other
heirs and Attorney Guilfoile for the
Administrative, Mrs Mary A. Lawlor.
The contention was over $4,000,
and the question, where is it? Some
time prior to Mr. McGivney's death he
distributed $4,000 in cash among his
relatives and friends, as well as large
quantity Of real estate. Some of his
relatives became alarmed, particularly
those who were not remembered by
the old man. A very short time before
his death he drew $4,000 from the
bank, and what he did with 1t, for in
view of previous liberality it Is sup
posed he did something with it, has
been matter Of most interesting spec
ulation among the heirs.
At the hearing this morning 1t was
more than intimated that he gave the
money to Mrs Scadden, for he had al
ready given her $4,000, and it was prac-
tically said that she has been distribute
ing - as she pletased. Attorney Gull
foi1e wanted the court to order Mrs
Scadden to tell where she has the
money, that is if she has it yet, and
to disclose where she is also said to
have large portion of the estate. such
as receipts, books of value. accounts,
bank books and various other docu-
ments which, it is claimed, are just
now Of great interest to the manage
ment of the estate. Attorney Guilfoile
also asked the court to issue an order
restraining Mrs Scadden from further
distributing the money, or have her
guarantee that she would do nothing
more with it until ordered by the
court; but Attorney Russell promptly
! told his client to say nothing. There
upon Attorney Guilfoile asked that
both Mr. Russell and his client be
| shipped direct to the county Jail in
New Haven for contempt of court At
| torney Russell answered. that such an
order if issued would not amount to
anything because he could appeal from
a decision. AS the court did not en-
tertain or seem to look with favor upon
| the motion. Attorney Guilfoile asked
for an immediate order of the court
making Mrs Scadden disclose where
she has this $4,000: Attorney Russell
said SUCH an order would not be fair
to his client. He was not brought into
the case until this mornipg and it was
only fair and just that - should be
given time to prepare for hearing.
The answer to this was that Mrs
Scadden has had three weeks in which
to disclose the property, but she took
no step in that direction. and as she
was distributing the $4,000 and evil
IDENTIFY inclined to continue distributing
Lit. it was of the most urgent necessity
I that the court should demand of her to
! tell where 'she has the money. if there
/ is any of it left In her possession and
what she has done with the balance.
After very excited arguments were
made. in which some Of the heirs put
| in more than word. and thereby add
\ ed to the clamor. Judge Lowe finally
! decided to give Mrs Scadden time un-
/ til tomorrow morning. Attorney
/ Guilfoile them asked to have Mrs Scad-
den guarantee that she would be on
/ hand tomorrow morning. but Attorney
Russell told his client to guarantee
nothing. The hearing then adjourned
until tomorrow morning at 9 O'Clock,
with the understanding that Mrs Scad-
| den shall be on hand.