Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1909-12-20
SUPREME COURT APPROVES HIS
HANDLING OF GILMAN Wis
NER ESTATE.
BALES AS ADMINISTRATORS
INVESTED IN LANDS
Succeeding Administrator Refused to
Accept $4,000 Worth of Property =
Bales, Broken in Health, Gets Vindi-
cation in Two Courts - Costs Are
Heavy.
Special to Times-Republican.

Special to Times Republican.
Eldora, Dec. 20.-The Robb- Bales
case, guardians of Gilman H. Wisner,
minor, came to close Saturday of last
week by decision of the supreme
court affirming the decision rendered
by Judge Lee when the case was sub
mitted to him something over a year
ago, in the Hardin district ccourt. AS
is we'll known to the many readers of
the Tines-Republican, MIR. Bales, some
years ago, was appointed guardian of
the estate of Gilman H. Wisner,
amounting to something less than half
million dollars in value After his APP
pointment, Mr.. Bales procured an order
from the district court of Hardin coun-
ty authorizing the investment by him
in real property, on behalf of his ward,
the sum of $4,000. Among other tracts
that Mr.. Bales purchased, there was a
quarter section in Dickinson county,
Iowa, and half section in Murray
county, Minnesota. Mr.. Bales health
failed him to such an extent that he
was obliged to resign his trust. Ellis
d. Robb was appointed his successor.
Mr. Bales health has continued to de-
cline to such an extent that he has
never been able to transact any bust
ness from that day to the present time.
When Mr.. Bales undertook to turn
the property of the estate over to Mr..
Robb, Mr.. Robb accepted every piece
of property and evidence of title ten
dered him excepting as TO the quarter
section in Dickinson county, and the
half section in Murray county, and
with reference to these two tracts of
land a contest was presented to the
Hardin district court on the theory that
Mr.. Bales had been injudicious in max
ing the investment Evidence was tax
en- in the form of dispositions and when
the case was called for tria-, Mr.. Robb
abandoned his objections so far as the
Dickinson county land was concerned
and put MIR. Bales to trial with refer
ence to the half section in Minnesota.
Mr.. Bales was in such mental condi-
ton at this time that he could take
no part in the trial; neither could his
deposition be taken or his evidence
QStu III ciHS
Bales Won First Round.
The case, after a full trial before
Judge Lee, was decided without any
hesitation in favor of MIR. Bales ant
Mr. Robb was ordered to accept of the
title rendered him by Mr.. Bales with
reference to the half section in con
troversy. Mr.. Robb, being dissatis
fed with the judgment of Judge Lee
appealed the case to the supreme cour
of iowa Some delays were had il
the submission of the case but ii wa
finally submitted at the November per
iod on the 10th day of November
| 1909, and, as above indicated, the cas-
was affirmed and Judge Lee was sus
tanned in his ruling by the suprem
court in less than thirty days afte
| the final subnlssio
Who Pays the Costs.
Where the expense of this litigation
will fall is not generally known, o
course. The court records, however, il
the Gilman H Wsner estate disclos
the fact that at the same term of cour
the above entitled cause was tried be
fore Judge Lee, an allowance of $50
new guardian. What amount they wi
ask for and what amount will be al
lowed them for trial and submissio
of the case in the supreme court
predetermined. The costs. of cours
will either have to be paid by the nel
guardian or by the estate he repre-
sents and it is generally thought tn
latter.
Complete Medication for Bales.
For several years prior to the tin
that Mr.. Bales health began failing
; he had been president of the Fir!
National Bank of this city, treasure
of the Penn College endowment fun
: was for two terms treasurer of Hal
din county and for many years treas
urer of the independent school distrit
of Eldora, and held many other pos
tons of trust and the people of tn
community, almost without exception
have always had the utmost confident
in his judgment and his integrity an
the decision of the trial court, no
followed by the affirmance upon til
part of the supreme court, confirm
the views they had, If any confirms