The Savannah morning news., 1903-06-05
BROTHER VS.. SISTER
CHILDREN WRANGLE OVER Es-
TATE OF THEIR MOTHER.
COLLISION IS CHARGED
AND SISTERS HUSBAND IS IMPLI-
GATED IN FRAUDULENT SCHEME.

| Estate Is That of Mrs. Annie De-
mers-VnIued at About 100000.
Frank Demers Declares His Sis
ter, Mrs. NJ. A. oliver, COnspired
with Her Husband and Others to
Defraud Him Out of n Part of His
share-Says They Succeeded to the
Extent of About $4,000 - His
Charges Denied.
The institution of an application for
discharge as administrative on the es-
tate of her deceased mother, Mrs. An
ME Demers, by Mrs. Mary Agnes Oil
yer. has precipitated the filing of a
caveat by Frank Demers the son of
the testator and brother of the ad-
ministratrix, which embodies serious
charges against his sisters admins
tration of the estate.
The Administrative and the caveator
are the children and sole heirs of the
estate of their mother. The estate in
litigation is valuable one, the inven-
tory and appraisement showing it to
be worth about $4,000.
that Mrs. Oliver conspired with her
husband. to whom she was married
subsequent to the death of the tesla
trix, to defraud her brother out of
receiving the full share of his estate,
and 1t is averred. succeeded to the ex-
tent of several thousand dollars. 1t
is also charged that there was collu-
sion between them, and certain outside
parties, at the sale of the property of
the estate. as a result of which the
property was sacrifice to the interest of
the Administrative.
The caveator says that when his
mother died, he, being the older of the
two children, naturally desired to adj
minister on the estate, or appoint
someone else to do so. He made known
this desire to his sister, and suggested
Dan O'DonoVan as a fit person for the
trust, but his sister. he submits, OBJ
jected on the sole ground that it would
entail the payment of commissions.
The matter was settled by an agree
ment by which the sister applied for
letters of administration, with the I'M
Outstanding that she would charge no
commissions.
In violation of this agreement, the
oayeator says further, his sister is now
attempting to deduct nearly $1,000 as
commissions, in addition to special
compensation allowed by the Ordinary.
1t is also charged that no accounting
is made III the final returns for certain
money shown to have been one of the
assets of the estate, and that certain
property has never been either an
praised or accounted for
In specifically imputing collision the
caveator says that F. H Oliver. the
husband of his sister, bid in two pieces
of real estate, which were sold for the
purpose of distribution, at grossly
Inadequate price, being 81, 900 less than
their value, and nearly $1,000 less than
| the appraised value. This he was able
| to do, he says, by violating an agree
ment reached only half an hour be-
| fore the sales at the office of the auc-
tioneer, by which it was stipulated
that neither he nor Dan O'Donovan.
acting for him, should bid on the prop
erty, and because of the fact that his
wife used her position as Administrative
tn enable him to buy the property
without paying over the money.
There are other matters which, ac-
cording to the caveat, will be brought
to the attention of the Ordinary before
the matter comes on for a hearing,
The caveator is now a resident of Ala
bama. He asks the court to assign the
case for a hearing at such a time as
viii give him ample time to be present
with his witnesses. He is REPRESENTED
by, w. L. Gignilliat, Esq.
The trix, of course. denies
all the allegations of fraud imputed to
her, and AYERS that she has discharged
the trust imposed by the acceptance of
the. administration in manner as pre-
scribed by law, and in conformity with
her oath.
Her answer will be filed in a few
DAYS.