The Providence news. (Providence [R.I.]) 1891-1906, 1903-11-07
BRYAN QUALITIES.
Continued from page One

continued from page One.
II that sealed letter is a part OF the will.
Mr.. Bryan's family have a property
interest and unless by some interest and
unless by some formal remuneration he
puts beyond peradventure the question OF
whether he will try to claim a property
interest 1t Is utterly inconsistent for Mr..
Bryan TO act as executor and at the
same time take an appeal from the
courts decision.
II your honor should hold that II is law.
/ shall advise my clients TO take anappeal
TO test that matter. This contest Is so ex-
ceptional that this is a proceeding which
/ am confident the counts will not sus-
tain. -5, .-''
Under some other clauses of the will
certainly the seventeenth clause, Mr..
Bryan takes az trustee and not as an In
dividual certain moneys. I am inclined TO
think that the gift Is not a good gift As
trustee under that section OF the WILL 1t
will be Mr.. Bryans duty to uphold that
section.
EXECUTOR AND TRUSTEE.
III he becomes executor he also stands
as trustee under the WILL In that particu-
lar his position is also extraordinary.
That creates two contesting parties under
the will and one of them seeks TO qualify
as executor under the instrument. /
should not think that he would want to
feel that his duty as trustee might infiu-
ence him against his duty as executor.
again protest against the qualification OF
William j. Bryant as an executor
/ Mr.. Newton. for Mr. Bryan, said: Il
do not know that this court has Jurisdic-
tion I'm this matter. Mr.. Bryan's duty as
executor In no way conflicts with his other
duty under the will. In very large ma
jority Of Wills probated here. the execu-
tor Is also a beneficiary, and the fact
that he Is beneficiary does not prevent
his acting as executor. Often also the
executor Is trusted and after the executor
is trusted. and often the executor brings
suit TO construe the will. This court cer-
tainly has left no uncertainty In Its de-
cision. The argument by Mr.. Stoddard
Is on behalf of those who intend to frus-
trate the intent OF the man through whom
they have received large benefits"
HAS NO DISCRETION.
Judge Cleaveland ruled that he had no
discretion In the matter. and had no
right to prevent Mr.. Bryan from quail
flying as executor.
When the amount OF the bond to be
the court:
THE amount OF the estate, Is In face
value about 100000 A part OF that is
book accounts and the actual xAlue there
OF cannot be stated by anyone without a
careful examination OF the books. more
extensive than / have given. I am will
ing that Mr.. stoddard shall suggest the
amount OF the bond. have no prefer
ence In the matter at all. SO far as act
ing as executor Is concerned. / was ask
ed TO act by the testator. and as / have
said publicly l feel | ought TO do Il un-
less the court appoints someone who is in
terested I'm carryingout the will instead
terested In carrying out the will instead
CLIENTS MUST PAY.
Mr. Stodard remarked: THAT sugges-
ton Is rather Irrelevant The court has
already said he has no jurisdiction.
take II that you will obey the DEGREES
OF the superior court. or course, my cli-
ents Will have 10 pay for this bond. II
all comes out OF their share. The estate
is practically n partnership property in
New York city.
THAT partnership property has got TO
be turned into money by the surviving
partners. and then the money turned over
TO the heirs by the executors. That will
not be for some months and I suggest
that a small bond be hxed now with the
reservation that we have the right 20
come 60 your honor whenever a large
amount Il coming into the executors
hands and then seek 10 have the bond
increased"
BOND OF $3.50. 200.
Judge Cleaveland said he made u a rule
always 20 have the bond ample He sug-
gested either s325.00 or $3.50. 600. MIR
Bryan said that that would be satlsfac-
tory 90 him and the court fixed the bond
at s350.00O.
At the suggestion Of the court Charles
Kleiner, Of this city. was appointed an
appraiser. Judge Cleaveiand said Mr.
Ktlner would ia a sense represent the
court because the court must certify un-
der the succession tax law that the ap-
prisal is correct
The other appraiser will be suggested
by Judge Stoddard 20 the court and Mr.
Bryan's counsel early next week Mr.
Stoddard desiring 20 consult with Mrs.
Bennett, the widow. about The matter.