The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1902-01-17
is HIS OWN MASTER
CAPACITY BY JUDGE
BRILL
HAS STILL $4,000 COMING
Residue of His Share of Late Conn
mOdOre's Immense Estate viii
BE His Nov. 10,
1903.

After a continuous contention at law,
which has extended over several years,
and in the course of that time has as
sumed various phases, Alfred S. l[ittson
has been restored to capacity and may
henceforth manage his own estate. Such
is the effect of an order filed in The dis
trict court yesterday by Judge Brill, in
which he overrules a recent order Of the
probate court, denying petition Oh Mr..
Hittson for his restoration to capacity.
In his decision, which is very brief, Judge
Brill finds that said Alfred S. Kittson
is of sound mind and capable of taking
care Of himself and his property, and as
a conclusion it is determined that said
Kittson is entitled to be restored to ca
pacity.'
The order of the court is that: "Judg-
ment may be entered reversing the order
of the probate court appealed from, and
adjudging appellants restoration to ca
Pacity and directing the probate court 10
enter Judgment accordingly
Although no record of it has yet APP
peareG it is one of the essential condi-
tons of the courts action that Mr.. Kilt
son shall make immediate provision for
his daughter, now aged ten years, by
setting aside for her one-siXth of the re-
mainder of his portion of his fathers es-
tate, 10 be held in trust for her until she
shall be twenty-five years of age. This
proposition was readily agreed to by Mr..
KittsCn, and it is understood, was at his
own suggestion.
Mr. Kittson WILL on Nov 10, 1903, attain
the age of thirty years, and under the
terms of the will of his father, the late
Commodore Kittson, will then be entitled
to receive a final settlement IF his por-
ton of the estate, of which the st. Paul
Trust company is trustee. This final APP
portionment consists of property which
is scheduled at $65, 600, and is considered
to be fully of that value, as it consists
of United States government bonds, stock
of the First National Bank of ST. Paul,
and about $1,000 of real estate, all OF
which is considered desirable pr operty
From this final apportionment to Mr..
Kittson will be taken one-siXth Of the
principal. or about $4,000, to be placed in
the hands of the Security Trust company
as trustee for his daughter.
Has Had an Allowance.
When Mr.. Kittson reached the age of
twenty-five years he received under the
terms of his fathers will $4,000, but some
time prior to that he had been placed IN
der guardianship on petition of mis- wife,
Mrs Violet Kittson, who WAS appointed
the guardian. About eightee1 months
ago Edward S. Durment was appointed
Mr. Kittson's guardian, and with the APP
.proval of the probate court Kittson was
allowed 500 a month as income, beside
which he received every six months the
interest upon his remaining estate, less
the taxes and assessments upon the real
property.
The appeal from the order Of the pro-
bate court was not actively contested by
Mr.. Durment, the late guardian, who
took the ground that ne did not wish to
retain the guardianship against Mr.. Kilt
Eon's wishes, but earnestly recommended
that the restoration be delayed until the
young man should have attained the age
of thirty years that he might then make
an even start with his final apportion-
ment of the estate Unencumpered.
Mr.. Kittson has been living apart. from
his wife for some months past. An 2c-
ton for divorce was begun by her, and
he filed an answer to the complaint and
prepared to contest the suit, but it was
withdrawn.
The daughter above mentioned, who is
the only child, is with her mother.