The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-11-08
Nebraska SiIveritc to Serve as Execu-
tor, Notwithstanding He May APP
peal from Court Decision.
HIS BOND FIXED At $3.50, 900
STRONG PROTEST. MADE BY COUN-
Sell FOR MRS. BENNETT,
Who VafnIy Pointed Out the Incon-
Trying to Serve Two Masters.

NEW HAVEN, Conn. Nov. I'm the
Probate Court to-day William ]. Bryan
was admitted to act as executor of the
Will of Philo S. Bennett, an objection to
him made by Mrs. Benefits counsel being
overruled. The amount of the bond was
liked at $350,000. Counsel on both sides in
dicated that al appeal would be taken.
Court proceedings opened with a question
from Judge Cleaveland, who presided, as
to whether counsel desired to be heard on
the form or the decree to be entered in the
case. After some discussion il was agreed
that a conference between counsel on both
sides early next week should determine the
form of decree to be submitted to the court
for approval.
Judge Stoddard asked if counsel for the
executors would state definitely whether
Mr.. Bryan intended to qualify as an ex-
eeutor. He pointed out that if Mr.. Bryan
declined to do SO, Mr.. Sloan, partner of Mr..
Bennett, would remain sole executor. Mr..
Stoddard, counsel for the heirs, said that
he would urge Mr.. Sloan to continue, but
he would protest against Mr.. Bryan.
Mr.. Newton, counsel for Mr.. Bryan, said
that Mr.. Bryan intended to qualify and to
act as executor.
1HSA l. WIFI u kNOW luIluST, Sdlu
Judge Stoddard, 'if Mr.. Bryan intends to
take an appeal from the decision of your
Honor"
Mr.. Newton-That question We shall. de-
eide in due time.
Then l enter protest now against Mr..
Bryan as executor" said Judge Stoddard.
Mr.. Newton answered: MIR. Bryan will
not appeal from the admission of the will
to probate. Whether he will appeal on the
courts decision to exclude the sealed letter
he Is not required to state now"
Mr.. Stoddard then began a speech of fur
ther protest and explanation, saying:
Your Honor has decided that the sealed
letter is not a part of the will. We shall in
sist upon the performance of his duty as
executor IL Mr.! Bryan is to act as such.
But If there Is any lingering suspicion that
he intends to take an appeal, it is not right
that he shall qualify also as executor. He
cannot serve two masters in this matter.
II he intends to uphold the law as your
Honor has spoken it in your decision, it will
be contrary to the law to undertake to de-
stroy that will. By taking appeal from
your decision Mr.. Bryan undertakes a
course for the advantage of himself and his
family. He cannot put aside the interests
of his family IL he chooses to put aside his
own in this matter: This is a property at
fair. If that sealed letter is a part of the
will, Mr.. Bryan's family have a property
interest, and unless by some formal renun-
citation he puts beyond p~eradventure the
QuCSllOl " nCll liz VIII lly " ldkc dQ-
vantage of that sealed letter. he may also
be considered 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 that is law, I
ehall advise my clients to take an appeal to
test that matter. Under some other clauses
of the will, certainly the seventeenth, Mr..
Bryan takes as trustee and not as an indi-
vidual certain moneys. AS trustee under
hat section of the will IL will be Mr.
Drxronfo duf,y 70 Inhnld that Saofion To -
becomes executor he also stands as trustee
under the will. In that particular his posi-
ton is extraordinary. That creates two
contesting parties under the will, and one
of them seeks to qualify as executor under
the instrument. I should not think that he
would want that his duty as trustee might
influence him in his duty as executor. I
again protest against the qualification Of
William j. Bryan as an executor"
Mr.. Newton commended that Mr.. .Bryan's
duty as executor in no way confiicted with
his other duty under the will. The argu-
ment by Mr.. Stoddard was, he said. on
behalf Of those who intend TO Illustrate the
intent Of the man through whom they have
received benefits.
Judge Cleaveland ruled that he had no
discretion in the matter and had no right
to prevent Mr.. Bryan from qualifying as
executor.
When the amount Of the bond was
preached, Mr.. Bryan said to the court:
'The amount of the estate Is, on its face
value, about 500. 600. A part of that is book
accounts, and the actual value thereof cam
not be stated by any one without a careful
examination of the books more extensive
than I have given. 1 am willing that Mr..
Stoddard shall suggest the amount OF the
bond. 1 have no preference in the matter
at all. So far as acting as executor is
concerned, / was asked to act by the
testator, and as / have said publicly, L feel
/ ought to do 1t. unless the court appoints
some one who is interested In carrying out
the will instead of attempting to defeat it."
Mr.. Stoddard pointed out that the estate
was practically partnership property, which
would require some months to turn into
money. He suggested a small bond, with
the reservation that his client have the
right to come into court whenever a large
amount is coming into the executors hands
and seek to have the bond increased.
Judge Cleaveland said he made it a rule
always to have the bond ample. He sug-
| gested either $685., 900 or $350,000. Mr.. Bryan
said that would be satisfactory to him, and
the court fixed the bond at $3.50, o0.