Bridgeton pioneer., 1906-11-01

Ihe witness Creich testified as to
the value of the oven, which he said
on April 22d last was in his judgment,
$3.50.
This answer was objected to and the
COURT overruled it. It was finally al.
lowed. however, after much argu-
ment.
The case of N. Ell. Atkirson. admin.
istrator, etc., against OIestes Cook.
executor etc., is to follow the conclu.
sion of the case now on trial.
Judge Endicott said that, as this
case would consume the morning ses-
sion, no other case would be taken up
until half-past one O'Clock, and all the
jurors not on the present panel were
excused until that time.
Thursday Morning.
The oven case was completely
threshed out in Court and given to
the jury yesterday afternoon.
In the case Of Rosa Malumud against
David Rothenberg, nonsuit was
granted on motion of James S. Ware
for the defendant.
The next case taken up, in which J.
Ogden Burt and George Elmer ap.
peared as the lawyers, was that of
Nathaniel H. Atkinson, administrator,
etc., against Orestes Cook, executor,
etc., and jury was put in the box
Mr.. Burt appeared for the plaintiff,
Atkinson; and Mr.. Elmer for the de.
fendant.
On opening the case Mr.. Burt said
this was an action to collect the pro
ceeds of certain bonds and mortgage.
owned by one Anna X. Atkinson, of
$500, on d house and lot in the city of
Gloucester.
Francis A. Atkinson was the hus-
band of Anna f. Atkinson; Mrs. At
kinson died, and Mr.. Atkinson became
executor of her estate. The mortgage
in Gloucester city, Mrs. Sarah A.
Horner, also died; the mortgaged
property passed into the possession of
Francis A. Atkinson in 1901 and the
mortgage was cancelled. He never
made any settlement with the heirs or
estate of Mrs. Anna f. Atkinson for
the amount of this mortgage. Mr..
Atkinson died last year, possessed of
the said Gloucester city property.
This was admitted by the attorney for
Mr. Cook. The suit is to recover from
the executor of Francis A. Atkinson s
estate. the personal property of Anna
+. Atkinson. Mrs. Atkinson left a
will, the fourth section of which be-.
queathed to her children all her per
sonal property of which she died pos
sessed, to her "children, share and
share alike. - At the time of her
death she possessed the $500 mortgag
alluded to which was subsequently
cancelled, and Mr.. Atkinson became
possessed of the property mortgaged.
A citation on Orestes Cook, executor
of the estate of Francis A. Atkinson,
revealed no personal property of Anna
f. Atkinson in Francis A. Atkinson's
estate.
Nathaniel Horner, of Hopewell, a
brother of the late Mrs. Anna F. At
kinson, was sworn and testified that
Anna +. Atkinson gave him a mort
gage which she asked him to keep for
her. He had the mortgage in his pos.
session some six months before his Sis
ter's death. After her death Francis
came to him and asked to see the
mortgage; he let him look it over,
and then Francis wanted to take it
home to compare it, he said. He per.
mltted him to take it and he never
saw it afterward. The bond accom-.
panied the mortgage.
With this witness the plaintiff
rested.
Mr.. Elmer made motion for non.
suit on the grounds that an admins
traitor cannot bring suit against an
executor OF deceased administrator,
because ne, the executor. can only
execute upon the estate of the deces
dent as he finds his effects, and not
upon the effects of which the decedent
was administrator.
Mr.. Burt argued against the motion
on the ground that Nathaniel III. At,
kinson, being the substituted admins.
traitor of his mothers estate, had the
right to go after any funds left in the
b. nds of the administrator at his
de tn, for whom he had been substi-
tutad, which in this case was the $500
in rtgage
The Court excused the jury until
8. 80 this morning while hearing argus
ment on the motion to non suit.
The jury in the case of Simpkins
against Carl VIM. Henry Shrump
(William Shrump) after being out a
short time last night returned YER
dict OF $3.50 for the plaintiff. This was