Waterbury evening Democrat., 1907-12-10
BEFORE JUDGE CASE
The Division ot the Apothecaries Hall Stock Was Gone Over
 Again To-Day.

The appeal of Mrs Ella S. Williams, wife of Samuel P. Williams, from the order of Judge Lowe in the probate court in holding together the estate Of the late A. E. Rice, was heard in the superior court to-day before Judge Howard J. Curtis. The final decision on this matter will set aside forever, all litigation over the much mooted 4O9 shares of stock in the Apothecaries Hall company left by A. E. Rice to his widow, Sarah Tough ton Rice, and upon her demise to his three children, Mrs Williams, Mrs Mary B. R. Munson and the late F. B. Rice. Upon the death of Mrs Sarah Houghton Rice, the four hun dred shares of stock and the real es- tate situated on Church street were to be divided according to the will among the children, share and share alike. But this division would give l. P. Kellogg controlling interest in the Apothecaries Hall company be- cause of his relationship to Mrs Mun- son, being her son-in-law and furth- ermore, because of his having already secured 122 shares of stock in the company, purchased from the heirs of the late Dr Alfred North. So Mrs Williams and A. E. Rice, son of F. B Rice, endeavored to have the stock sold in bulk claiming that if disposed of in parts it would depreciate. But Judge Lowe ordered the property dis tributed according to the will and ii was from that order the appeal was taken.
 The question before the court to. day was to uphold or vacate Judge Lowe's order. There was really nc new features developed in the hear. ing; it was simply repetition oi what has been gone over a hundred times before in the course of hearing on injunctions, hearing in the pro- bate court, hearing on the reports ol the administrator, Franklin T. Fay Tor and in other actions of law.
 Senator Henry H. Peck was called to the stand to testify to the value ot the stock in question, but he did not testify. It was taken for granted tha' 1t was worth not less than $100,000 and that for the purpose of this ac tion to distribute it as the will de creed it would depreciate about 2; per cent, meaning loss of $25, ,000.
 There are eight hundred shares O. stock in the concern owned thus il October, 1906: Mrs Cornelius M Benedict 27 shares, John Blai 2S shares, Mrs s. R. Kel liogg 29 shares, I. P. Kellogg. her son in-law, 122 shares, Mrs L. 1 Munsol 95 shares, Attorney c. G. Root share, H. s. Rowland shares, New ton c. Smith shares, Mrs L. H. Will COX AS shares, Levi P. Wilcox, shares, s. P. Williams 1 share. Aftel the appointment of Franklin A. Fay Tor as administrator, the 409 shares of stock in dispute were transferred to him as such. The Kellogg interes in the concern own 276 shares.
 Attorney c. G. Root would have i admitted that MT Kellogg had himsel elected president, treasurer and gen eral manager of the company despite the wishes and votes of the Rice in terests, and MT Kellogg's counsel Colonel Burpee, said he would make no such admission but would admi that MT Kellogg was elected to thu offices mentioned.
 Attorney Roots contention wa! that the shares of stock could be solC in bulk just as real estate is sold if i is for the benefit of the estate to dt so The other side contends that tn, provisions of the. will ought to b' carried out and that so long as th' will stands its provision cannot bt ignored. Decision was reserved.