The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1908-10-02
Judge Quinn Has Decided Case
Of An Administrator.
MORRISON ESTATE INVOLVED
This Decsi Wi. Be Followed BY an
Appeal to the state Supreme
Court, No Doubt.
From Thursdays Daiip

From Thursdays Daily
Judge Quinn today filed a decision in
the case of S. B. Wilson as admin
istrator with the will annexed of the
estate of Andrew j Morrison, deceased,
VS.. Leonhard Lampert, Nicholas Peter
sen, John A. Lulsdorf, Maria Hoerr,
Emma Miller, Susan Rose, Title Ger
ieh and George H. Hoerr, to recover
on the bond furnished by Oscar Bier
bauer as executor.
Court Finds Facts
The court finds the following facts
in the case: A. j. Morrison died April
81, 1894, leaving widow and three
Chrildren,, Dora A. Whitmarsh and Har-
~ and Grant Morrison. The estate
amounted to $1,000 of real estate and
$4,000 of personal property. The will
left one-third TO the widow until
Grant. then seven years old, should
become of age, when he was to have
it absolutely and was to support his
mother The other two children were
left onethird for life. to have the
income from it. and the principal to 90
to their children. Oscar Bierbauer was
named as executor. Harry Morrison
died Oct. Is. 1894. and Oscar Bier
bauer was made administrator of his
estate and it was probated and distrf.
buted to his surviving heirs. Mr. Bier
bauer then had s5.373430 of personal
property left in his hands as execu-
tor.
Judgment is Announced.
On July %, 1907, Grant Morrison
became of age and was entitled to re-
ceive his share of the nroperty. On
Nov. II. 1907. Oscar Bierbauer was
was apnointed administrator with the
will annexed The latter then com
menced a suit for al morev not ac-
counted for bv Mr.. Bierbauer. On
Feb. 8. 1908. Mr.. Rierhauer accounted
for and turned over to Grant Morrison
oil of his share of the estate of his
father. Unfolding one half of the per-
sonal rrorertv or 50 393 3D. There then
remairad an equal sum not accounted
for. which Mr., Rierhauer refused and
failed to account for On March IA
lons. Mr.. R;erhauer raid The rlaintiff
81 nn0 on account of such shortage,
and this left hnlanca of 81 3o3 81 I'M
accounted for. The court gives iudg-
ment against Mr.. Bierbauer's bonds
mon for this sum-
When the matter was in the probate
court. Tu1ge HUGHES fornd the short
ace s30lo az it is alleged by Mr. Will
son. and this was made rart of the
records of his case and it is claimed
this Inasmnch as Judge Ouinn has
gone over the foures and found p
smaller amount due the estate. it is
likely that the case will be taken
to the SUPREME court.
The following is rortion of the
memorandum accompanying Judge
Quinn's dession.
Courts Memorandum
''Uron the trial of this cause. coun-
sci for, defendants insisted very ear
nestlv that the, cause of action
set forth in plairtiff's comrlaint was
barred bv the statute of limitations.
for the REQ son that the nrohate court
had limited the time to twelve months
to settle said estate. and that the
statute heoan to run from that time.
There might be some merritt in such
contention , if this We're an action
based upon the executors failure to
comply with such order. but this being
an action for converting property of
the estate. the statute begins to run
from the date Of the commission. 1t
will be hardly contended seriously
that action for conversion arises until
after misrepresentation of the proper
ty. 1t is well settled in this state
that no cause of action accrues upon
and administrators bond until there
has been breech of its conditions,
and the state of limitations begins
to run only from the time such right
of action accrues >"