Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-10-11
PROBATE WORK By WILLIAMS
How Estates Went Unguardsd During Els
Term in fios,
MORE Of MIDDLE DISCLOSED BY RECORD;
Guardians Dissipate Funds Belonging
10 Minors and the Incompetent
Judge Allows All with
out Question.

Pursuing the topic Of ]. A. williams as
/ probate Judge OF Pierce county. the World
Herald correspondent says;
Now comes another big bunch of them
that have been the subject OF inquiry
more recently and which will be the sub
/ Ject Of a report by Judge Kelley to the
Board of County Commissioners October
and on which ex-Judge Williams will be
called upon to make prompt explanation
| and settlement or take the consequences
for failure to do so. In fact, It has been
very pointedly conveyed to him that the
| board is in no mood for quibbling over his
old records and accounts.
! For instance, Herman Knaak died and
left an estate then valued at about $4,000
though worth more now by reason Of the
advance in the value Of land. After the
personal property had been sold, every
thing squared up and the widow given her
share, there was left S,400 in cash for
the children. Mrs. Knaak, as their guard
! Ian, deposited the money in n bank at
/ Plainview where II was drawing interest.
| She was later married to Mike Eichberger.
! The second husband secured possession OF
this money; also some more belonging to
his wife, and bought a 16O-acre farm with
It. under contract in his own name. Not
a scratch of a pen is on record 10 show
that Eichberger gave a note or security
for the money, promise to pay interest or
in any way guaranteed that the children
| should get back either the original amount
OF increment.
| During this period guardians reports
were filed by Mrs. Eichberger on April %,
1904 and May g. 1905, but they were received
IL.
cumstance of money of wards being in
vested without permission of the court,
much less being invested in the name OF
another, who might, II he chose, assign
the contract OF land to an innocent pur-
chaser and make all kinds of trouble all
around.
As soon as these facts came to the
knowledge OF Judge Kelley as an indica-
tiOn of the indifference in the conduct of
the Office, he Immediately sent for Mr..
Eichberger and informed him that the
shortest cut to Strengthening out a compli-
Gated situation would be 20 secure a deed
for the land and then to deed IL over to
Mrs. Eichberger trustee for the estate
of herself and children He told Mr.. Eich-
berger that under ordinary circumstances
the court would not permit the investment
of guardianship funds in land, but in con-
sideration of the fact that the land had
increased in value the court would approve
the proceedings throughout as soon as
Eichberger decided over the property, which
he did.
Work 10 BE Done Again.
Eva Black, as guardian of Lulu Black.
I n minor, and shating with her an estate
in the form of farm near Pierce, made
her last recorded annual report as guardian
prior to this year. In 1913. She made repOrts
in 1904 and 1906, but they we're not accepted
Tor recorded. though, of course, the fees
were collected 1t was found by the
records that in the division OF rents and
profits and also in the division OF the liv.
ing expenses, that the guardian was get
ting the expenses and the ward the profits
In a large measure. So mixed were the
records that IL was found necessary this
year to secure from Mrs Black. now Of
Creston. la, an itemized report covering
the entire period from October q. 1881
down to date, so that another division
might be made.
Augusta Setzkoin, administrators of the
estate of William SetZkorn. consisting
principally of a farm southwest OF Pierce
valued at upwards Of $1,000. came in q
few days ago to see about selling part Of
the farm. Though her bond had been filec
August % 1904. and her petition for fina
settlement filed and granted April "A, 1905
and though she had paid the fees for re
, cording them, she discovered herself al
helpless as the day after Mr. Setzkorr
died about selling the land until thest
documents had been recorded. Thus thu
work for which Williams was paid ovei
| a year ago had to be done by another
within the past two weeks.
. No Record of Administrator.
, Perhaps the worst of all instances o
, the deplorable situation in which ana. II
, were left by Williams is that of the estat
OF w. r, Streeter. consisting principa4,
of a house and lot valued at 1880.
DR.. w. 4. Kile of Plainvlew was ia
, structed by word of mouth by willian
= TO go ahead and administer the estate n,
letters testamentary were ever issued; n,
Z administrators bond was ever filed, muel
less recorded. and no inventory was eve
filed. A supposed petition for fnal settle
, ment, consisting of printed blank form
filled out in the line intended for the sdg
nature with the pen written name of w
I I 4. Kile, and absolutely blank as to date
, description of estate, or anything els
D whatever was found in a pigeon hole
= But yet in the face Of practically nothinl
I IN the way Of conditions precedent full
filed, the records show the discharge o
: the administrator ON September is. 1870;
Not until within the past two weeks wa
a start made to rectify matters
e As another instance Of gross negligence
= involving an estate worth over $500 in
cuding that sold for over 81 700. was tina
: OF the estate of Welcome N Davidson.
: wealthy farmer who resided during hi
2 lifetime near Foster
BY word of mouth. b. NJ. Smith. presI
dent of the State bank OF osmond. wa
designated By Williams on December 1,
1904 as administrator. No letters tesla
4 mentary were issued. but In this instanc
the administrator did file bond, on Janu
airy 1s 1895. Some for1nality was observs
in the settlement of claims. but by wor
OF mouth alone the administrator was IN
e structed to go ahead and sell the ner
II sonalty. No report OF the sale was hlet
d Neither were reports of rents and profit
( required.
d Not until after Judge Kelley had gotte
j. grasp on the situation this year wa
q anything like a reasonable compliance VT
o the law required. On March 30 Of thj
i year he required the hling OF an applicable
= for letters testamentary by Mr. smitl
i and finally secured the required account
5 ing on September 10. fqasmuch az IN
n bank OF which Mr.. Smith Is president u,.,