The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-03-31
HEIRS IN A WRANGLE
LEGATEEs OF DIR. DUNCAN AND
WILLIAM DUNCAN, sR-, MAKE
CHARGES OF ACKNOWLEDGMENT
OBJECTIONS TO DISCHARGE OF
EXECUTORS OF ESTATE FILED.

| Application of Messrs. George j,
Mills and II. NJ. Cunningham for
Discharge as Executors of the
! Two Estates Brought on ObJec-
tiOns by Capt. A. Med. Duncan.
Mrs. Eugenia Johnston Also Filed
! ObjectiOns-Capt. Duncan Claims
Estate Is Being Managed With an
End to Personal Gain.
In answer to a citation issued by the
Ordinary to show cause why Messrs.
T. NJ. Cunningham and George J. Mills
should not be discharged as the execu-
tors OF the estates of William Duncan,
ST., and DR.. William Duncan, objec-
tions of an unqualified character have
been made by Mr.. A. Med. Duncan,
one of the legatees of the estate. Mrs.
Eugeuia c. Johnston also makes OBJ
lection to the discharge at the present
time, but her charges are not so gen.
eral in their character as are those of
Capt. Duncan.
IT is charged in the objections by
Capt. Duncan, among other things,
that the estate is being mismanaged by
the executors in an endeavor to pro-
vide for the interests of Mrs. Johnston
and for their own individual gain. their
conduct being such as to jeopardize
the interests of both estates.
More specifically it is charged that
although, under the provisions of the
will, the residue of the estate could be
distributed among the distributes
without necessity for sale, the execu-
tors have steadily refused to comply
with the request to permit such distrl-
button, but have insisted upon a sale
of the real estate belonging to the es-
tate and the distribution of the fund
arising from such a sale, because they
knew that by such a course they might
receive the commissions of 21a per cent.
upon receipts, and like per cent. upon
disbursements while, ii the estate had
been divided in kind under the pro-
visions of the will, they would not
have been entitled to any commissions.
Irregular Sale Charged,
The sale of certain realty, for $4,000
to Mrs. Johnston, Capt Duncan claims,
was irregular in that a proportion of
the legacy of Mrs. Johnston was re-
ceived as part payment, although the
estate had not been divided, or all of
the debts paid. He asks that the exec
utors be charged with the amount so
illegally advanced.
The objector further submits that
the funds of the estate have been al
lowed to lie idle, instead of being in
vested or deposited where they could
draw interest, as prescribed by law.
and asks the court that the executors
he cha hla with he iY,ta
should have accrued.
The payment of SCALA to Mr.. Mills
is contested by the objector, who says
that the debt was due for margins
upon stock speculation in futures.
and should, therefore, not be allowed.
The objector charges that the execu-
tors have credited him with 81 900 or
more, advanced to him by his brother
during life. This charge, he AYERS. is
predicated on entries in a memoran-
dunn book kept by his brother. He says
he did not know that his brother was
keeping account of the money adj
vanced to him, and that, as a matter
of fact, the money was given to him
gratuitously. If the executors insist on
charging him with these amounts. he
asks the court to hold them to other
debts apparent in the memorandum
which they have made no effort to en-
force.
Wants Order Revoked.
Capt. Duncan asks that a certain
order providing for the payment of
$500 to DR.. Duncan, as executor of
William Duncan, Sr., be revoked This
payment, he contends was excessive.
and was allowed under an inadvert-
ence, and should never have, in clear
conscience, been allowed, since his
brothers duties as executor were very
light there being a receiver on the es-
tate upon whom devolved the largest
amount of the work. He asks that the
executors be made to refund this
amount to the estate.
The answer of the executors was
filed yesterday They deny, generally
the charges of the DIRECTORS. They
state that the sale and division of the
property of the estate was the most
eXpedient plan; that the sale to Mrs
johnston was regular and in good faith.
and that every ascertainable debt of
the estate has been paid; that the debt
due Mr.. Mills was a legal one and not
a speculation debt; that they have en-
forced every debt shown to be due nv
the memorandum kept by DR.. Duncan:
ana that the funds of the estate have
not been allowed to lie idle.
Inc case Will come up before Judge
McAlpin in short time. Besides the
objections named there are other en-
tangling and intricate legal points
which have been raised, and the hear
ing promises to be productive of much
interest.