The daily journal. (Salem, Or.) 1899-1903, 1903-08-17
TO SET
ASIDE
DECREE
Trouble Over the ES-
tate of Emanuel
Friedrich
Plaintiff Claims Attorneys
Fees Were Toe Large,
and Some Other
Things

In the equity department OF the
circuit court today, a suit was filed
to set aside the decree OF the Marion
county court, allowing the final ac-
count of d, F. Lane, administrtor of
the estate of E NJ Friedrich, deceas.
ed, and for the adjustment Of the mat.
ters pertaining TO the estate The
title of the case Is David Froebrich.
ct al, plaintiffs, VS.. ID. +. Lane. per
sonally and as administrator Of the
estate Of Emanuel M. Friedrich, de-
ceased, defendant The complaint
alleges the true name OF E. NJ. Fried.
rich was Emanuel Froebrich; that he
died in tLis county December 16, 1900,
while temporarily here; that the
plaintiffs are the heirs and next of
kin, and reside in Germany; and they
detail the facts of the appointment of
ID. F. Lane as administrator Of the
estate which is said to have been val.
ued at $S9S5; the complaint further
details the fight over the appointment
Of the administrators, by a creditor Of
the deceas who himself applied for
the appointment at the instance OF
the German consul at Portland. G. V.
Wlntzgerode, the latter having a pow.
er Of attorney from the heirs to look
after their interests. II is alleged
that after some litigation over the
appointment of ID. f. Lane, the lat
ter and his attorney. Frank Holmes,
held a meeting with the attorneys for
the German consul at Portland, at
which II was verbally. agreed that the
litigation against and objection 20 ID.
f. lanes appointment should be
Withdrawn upon the express agree
ment that lde attorneys fees TO be
allowed by the administrator should
not exceed $500. and that the admins
traitors fees should be no more than
the percentage allowed by law. and
upon this agreement being made verb
ally, the contest was withdrawn and
the administrator allowed TO proceed
with the administration Of the estate
The plaintiffs also allege that the
final account OF the administrator
was filed In the county court on oc.
tober 22, 1902, and that in the same
the administrator charged for his ser.
vices Sl71 as extra compensation over
and above the regular percentage al
lowed by law, and that he made a
charge Of $I4L3 as attorneys fees.
Other fees said TO be excessive, are
named In the complaint, and II is al.
legged that the administrator gave nc
notice to the plaintiffs or their attor
neys that the final account had been
filed, and when asked by one OF the
attorneys as 20 when the final ac,
count would be ready. the administra
tor prevented the plaintiffs from &C
quiring any knowledge Of his actions.
or that he had published a notice OF
the filing OF OF final account on which
subject the allegations OF the com
plant are:
"Sixteenth-That the said ID. f.
Lane. with the intent and purpose 10
conceal from the plaintiffs and those
acting in their behalf the fact that
such final account had been fled and
induce them TO believe that such fihal
account had not been filed and wick
edly conspiring to prevent plaintiffs
from maintaining any defense or oh.
jectlons at such hearing, caused the
only public notice Of such hearing |
which was given 10 be published in
the Salem Sentinel without headlines
and In fine type and In an obscure |
part OF the paper and 10 be spaced |
and placed and arranged that the
same apeDared to be part OF the ex.
planatory matter accompanying a
railroad and steamship timetable and I,
advertisement. a copy OF which said |
newspaper and publication is here
10 attached and made a part hereof;
and that thereby the same wholly
failed to attract the notice or be-
come known TO plaintiffs or their at
toneys
SeVenteenth-That the copy OF
said publication attached to the proof
thereof. which was filed in the said
county court by said administrator.
was so detached and cut from the
said newspaper and accompanying
as 70 destroy the appear
ance OF concealment and that said
matters and statements relied on
herein were not apparent from and
were outside the record Of the said
on hnaI account"
The plaintiffs therefore ask that
the decree allowing the hnaI account