Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-06-29

amount and interest against SAID de.
PENDANT and also prosecuted the same
10 a successful conclusion in the SUI
preme court Of the territory OF New
Mexico. 10 which court the said Judg-
ment was taken by appeal by said de-
PENDANT for The purpose Of further
hindering and delaying the collection
Of the amount due said plaintiffs as
afareFaid. and the amount Of said
Judgment was paid to said plaintiff
Emlgran Candclaria. as guardian ~
aforesaid an execution out Of said SUI
preme court. Bon the month Of March,
1906: that out Of The moneys SO re-
covered from said defendant, said
plaintiffs were compelled TO pay, by
reason Of the false and fraudulent
p%rctensc Of said defendant that he
was not indebted 10 said infant plaint-
iffs. "a large amount Of costs n eX-
penses Incurred In he prosecution of
said suit out Of the proceeds of said
Judgment whereby their small capital
was greatly reduced.
That said plaintiff Emigran Candle
laria. as guardian of said infant
plaintiffs. has demanded an account
ing from said defendant Of all Of the
property which came into his posses
sion as such executor and under tho
teem- of said pretended win and a
statement Of AN property SO received.
and has also demanded that said de-
PENDANT pay over 10 him az such guar
dian an interest upon the moneys in
his hands belonging to said infant
plaintiffs for their m-aintenance and
support. but said defendant has failed
and refused to so account. ana to pay
over said interest and still refuses so
60.
1'hat said defendant has been guilty
of actual fraud and dishonesty in his
management Of the trust fund which
came into his hands and possession as
such executor. and under the said pre-
tended win. as hcrcinbefOrc set forth,
and has converted a large portion
thereof To his own use, fraudulently
claiming it as his own; that he has
failed TO account as executor for the
moneys coming into his hands under
his said appointment. has made false
and Fraudulent inventory thereof. and
has caused a false and fraudulent APP
praisemcnt thereof to be made and
filed iu said probate court in order
to defraud said infant plaintiffs, has
made a false ana fraudulent report of
his doiugs as such executor and Of the
moneys paid out by him as such, and
claims TO have paid out large sums or
mOncy upon claims against said es-
tate which have not been presented
ID said court for allowance as re-
by Inv; has failed tn report
what n have come into his
hands as such executor and their dis
position by him; has fraudulently at
tempted To sell and convey the real
estate OF said infant plaintiffs without
authority Of law ana against their
best interests. ana as such testament
tary trustee, has failed and refused ia
pay over to their guardian for their
maintenance ana support the interest
due TO them from him upon the prop
ertY in his hands, has attempted to
defraud them Of a large sum of money
was borrowed from their for
mer guardian and has caused them
expense and great annoyance in
vexatious litigation to recover the
same
That whether or not II shall be fin
ally determined that said pretended
will is the valid last viii ana testa-
ment OF said Paubla Garcia de Mir
eles, the said infant plaintiffs are the
owners of said property either under
said pretended win or as the only
heirs at law of said Pauhla Garcia de
Mireles, deceased that for reasons
hereinbefore set forth. said defendant
is an improper person to control the
said property in any capacity, and un-
less the snid property and the pro-
cceds thereof are taken out of his
hands, said plaintiffs believe that the
same viii be entirely lost TO them.
Plaintiffs therefore pray that the
pretended account and settlement of
said defendant as executor of the last