Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1908-07-17
DECLARES ESTATE
WAS IMPROPERLY
ADMINISTERED
Sensational Suit in the District
Court Brought Against Veal
thy Sheep Man and Land
Owner,

Jacob Morris Barth and Julla BARN
Mcmahon. children of Morris Barth,
deceased. yesterday afternoon filed a
suit against their uncle, Nathan
Barth. a wealthy sheep and land own
or Of Arizona, Who makes his resi-
dence In this city. The suit was filed
bv Ferguson and Gre rs Of this city,
wis are acting as counsel for Wal
ker and Fitzgerald, a law hrm OF
Grand Rapids. Mich Who are attor-
news for the plaintiffs. The complaint
Is a lengthy document and contains a
number Of sensational allegations. The
complaint states that the plaintiffs are
the children Of Morris Barth and Per-
fecta Barth. both of whom arc now
deceased; that the said Morris Barth
father of the plaintiffs died in Apache
county. Arizona. on February 20, 1889,
leaving an estate IN Apache county
consisting Of real estate to the prob
able value Of $4,000 and personal
estate of the probable value Of S25.0O0
ana more. According to the com
ptalnt. the defendant, Nathan Barth,
was upon his application and petition
10 M probate court Of Apache county,
granted letters of administration and
was duly appointed administrator of
the estate of his brother, and de-
livered his bond as such administra-
tor to the court in the sum Of $50
600. agreeing to faithfully execute
and perform the duties Of his said
trust az administrator Of the said es'
tate.
II Is further alleged that upon the
execution and delivery OF the said
bond. the defendant took possession
and control of all the personal prop
erty Of the estate of Morris Barth,
aud that during the time he acted as
said administrator he collected large
sums Of money belonging to the de-
ceased. amounting to more than tif-
teen thousand dollars. and also took
possession of large amounts Of per
sonal property. valued at sac. 600 or
more. and that he also collected a life
insurance policy Of $4,000 upon the
life Of Morris Barth. deceased. h
complaint states tina defendant was
later discharged AS administrator Tho
complaint goes on to state at much
length that the plaintiffs at the time
their father died. were minors of ten
der years, n that the defendant took
advantage of this fact. and has at no
time given them any financial aid,
which should have beer given out OF
the estate. II IS also charged that all
Of the money and property belonging
to the estate which came into Nathan
Iurflfr hu Yala nr. a.Qtn4 tut 90. tpa nF fI.
estate was unlawfully and feloniously
converted to his use The com
plant also alleges that although ac-
cording TO the law of Arizona. govern
ing sue cases, the defendant was re-
quired TO file with the probate court a
report of his duties as administrator
of the estate. he failed to make any
such report or appraisement Of the
that is the complainants have
unable to 6nd any such report
on file In the office Of the probate
In Apache county. The com
plant alleges that the plaintiffs were
aware of the fac that their faith
or left an estate. which was theirs on
account Of being his heirs. until Au-
gust. 1907, having received no notice
lihll the utltlthli iNdl TIE WAS inc
controller of the said estate. In view
OF these allegations. the plaintiffs ask
that the court issue an order against
the defendant, restraining him from
conveying. deciding or trans
ferring I'm any way. any Of his real or
personal property, subject to eXccu-
ton until the determination Of the
case In court, or until the further or
of the court.
n is further asked that the defend
be required TO render a fun. true
and perfect account Of the estate iu
question. It's goods, chattels. moneys
and effects of every name and nature
whatsoever during al tho time he was
administrator of the estate. together
with the tlfc insurance OF said de-
ceased. In order that the rights and in
trrests OF the compliments be deter
mined A decree " the court Is also
aakrd. after the accounting of the cs-
tate has been made, requiring the de-
PENDANT TO pay the plaintiffs. what II
anything, may be due them, from the
estate.