Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1908-09-09

ALLEGE FORMER JUDGMENT
Was By Michigan Probate Court
And Awarded Sum to New
Administrator.
The Court Decree Was unrulGlied, 10
Is Declared, and ms a Consequence
Personal Judgment is Demanded.


Alleging that it has judgment of
Michigan probate court awarding 1t
the sum. and that tho terms OF this
Judgment are unfulflled by Edward p.
Ferry OF Salt Lake, the Michigan Trust
company today demanded through
suits filed in the Federal court of this
district that judgment be granted here,
against Mr.. Ferry personally, for an
ample fortune. totalling in two suits,
just a little less than a million dollars.
The suits recall n controversy be-
tween Michigan heirs OF the late Will
liam NJ Ferry and Edward p. Ferry
who was administrator Of the estate
in which the heirs some years ago
sought to have Mr.. Ferry removed, ard
an administrator OF their own choos-
ing substituted
These refer to this previous lit-
cation, and allege that through win
ming the previous suits they have a
decree showing that Mr. Ferry is per
sonally liable to the Michigan Trust
company for s915,355.Os, as adrninistra-
tor of the estate Of Amanda W. Ferry,
he is personally liable for $l645S.s1.
GUARDIANS SERVED.
As Edward P. Ferry is now incom-
petent, through old age, the papers in
the case We're served upon his guard
|, ians. The two suits are identical in
the nature Of the allegations. and diff
fer only in the name of the person for
whom Il. p, Ferry was administrator,
and the amount 1t is reeited that
prior to June, 1909, there was in the
Ottawa, Michigan probate court a case
in which Edward p. Ferry was the le-
gal administration of the estate of Will
liam NJ. Ferry, deceased, and that on
June 16, 1903 a number of heirs fled
a petition praying for the removal OF
Il. p. Ferry as executor and the APP
pointment Of the Michigan Trust COM
pany in its stead. to administer such
portions of the estate as We're not yet
adiudicated. These heirs were Eliza "A
beth Eastman, William NJ. Ferry.
Amanda Harwood Hall, Hannah Eliza
beth Jones' Edward f. Eastman,
Thomas White Eastman, George Ma
son Eastman Hettie East man Hannah
r. WCtzen, Mary White Eastman and
Mary Amanda Fairchild,
WON BY PLAINTIFFS.
The case vas heard it is. declared.
Dec. 81. 1907, and was won by the
plaintiffs. Before this final hearing p.
?. Ferry filed a demurrer and cross
petition praying that the court decree
That the estate had been wholly admin
istered and closed. and that the court
discharge Mr. Ferry as administrator,
and cancel his bond, releasing and dis
charging the sureties thereon.
The court, ii Is alleged, with Il copy
Of the DEGREES submitted as an exhibit,
oyerruled this demurrer, and refused To
grant the cross petition, and entered a.
judgment to the effect that f. r. Fer
~. under the terms of the Judgment,
was to at once render a personal ac-5
counting for S9l5355,0S which he was
declared to owe the estate, within 60
days, With interest until the sum should
be paid, To date from Dec. 81. 1907 at
the rate of per cent perannum.
MILLION INVOLVED.
The company is declared 10 nave
filed it's acceptance Jan 2. 1908. and
Ii now alleges that said judgment and
decree is final and remains in full
force and is wholly unsatsfed, and
that by reason of il, Il. z. Ferry be-
came and is indebted TO plaintiff in
the sum Of S9l5,S55.0S, with interest
ut tho rate of per cent per annunl.
from Dec. 81 1907. wherefore plain
tiffs pray that a Judgment be entered
against defendant for S9l5.S55.0S with
interest from Dec 81, 1907. at the rate
Of per cent"
Henderson. Pierce Critchlow &
Barrettc represent the Michigan Trust
company in the matter. This suit has
been in the courts since Aug. 81, but
WAS not made public until today be-
cause OF the fact that service of tho
papers had not been made. The sec
ond suit. fled yesterday afternoon.
makes the same general allegations in
regard to the administration OF the
estate of Amanda w. Ferry, by T. p.
Ferry. and asks for a personal judg-
ment against him TO S16.45S.S1 as the
result OF a similar Michigan probate
court decree.