The Salt Lake herald-Republican. [volume] (Salt Lake City, Utah) 1909-1918, 1910-11-05
FAIL TO ANSWER
COURT CITATION
Petition Filed Asking That Mrs.
Walker and Mrs. Smoot Be
Declared in Contempt.
DEFENSE MAKES A MOVE
Attorneys for Widow Enter Motion
Asking That Entire Procedure
Be Quashed.

Upon the failure yesterday afternoon
OF Althea Walker and Margaret Walker
smoot TO answer the citation issued out
OF the district court commanding thei-
appearance yesterday 10 account for
property left by the late ID. +. Walker.
an application was filed asking that the
defendants be adjudged IN contempt Of
court. The application was made BY
the attorneys for the children OF the
decedeut. who are seeking 10 break his
viii. under which Althea Walker, the
widow. is practically the sole benefit
ciarY and was based upon an affidavit
filed by David r. Walker, a son, who
was recently appointed special admin
lslrator OF the estate
Under a stipulation. however, the
matter VIII not come up for hearing
until Monday.
Developments in the Walker will case
reached almost a crucial point yester-
day, when for a time IL was thought
that direct application for bench war
rant for the arrest OF Altnea Walker,
the widow, and Margaret walker
SmoOt. the daughter, would be made.
Although Mrs. Walker and Mrs.
Smoot We're served with citation 10
appear before the court 10 account for
property alleged 20 belong 10 the estate
OF the deceased. d. r. Walker, and
wrongfully held by them. the court or
Ger was ignored and they have left the
state.
Attorneys Appear.
Mrs. Walker and her daughter were.
however. represented through their 1T
torneys u. g. Nelson and John F. Ben
nett. who filed motion asking that the
citation be set aside, and that the order
requiring the defendants 10 appear IN
court. be quashed. The motion sets
forth that the county clerk had no legal
authority 70 Issue the citation Ihat
another action OF the same purpose IS
NOW pending i'm the federal court that
there is now before the federal court
an application for the appointment of
a receiver Tor the estate, that the ap-
pOlntmeur of David Frederick Walker
special administrator was Illegal
that Althea Walker as the surviving
wife OF the decedent had not requested
/ In writing or otherwise the appoint
iment OF ID. It. Walker as administrator.
The petition also alleges that the
petition OF David Frederick Walker,
under which he was appointed special
administrator. was not filed in good
faith or Tor the purpose OF subscribing
j or caring Tor the property OF the de-
I cedent, ID. IT, walker nor Tor the hene-
lit OF creditors but for The purpose or
compelling AlJhea Walker, The surviv-
ling wife of the decedcnI TO testify as
20 the location, amount and character
fof property belonging 10 the estate,
$50 that the said testimony could be
used by one sarah A. Paul in the franz
ing of her petition i'm the court OF the
state of Utah. and 90 overcome Ger
stale of Utah wherein that court held
that no evidence could be legally
elected from Althea Walker, Margaret
Walker SmOot OF Clarence Walker be-
fore the issues I'm said action were prop
erly made mp and Joined"
Petition FILED.
Almost simultaneously with the fill
ing OF this motion. a petition asking
that Althea Walker and Margret Walk
er Smoot be adJuuBcd guilty OF con
tempt of court was filed by David Il.
Walker. the recently appointed special
administrator OF the estate Of ID. F..
Walker This petition was in the ma
tuTe OF an affidavit alleging that the
women named are i'm the wrongful pos
session or over $4,000 of the effects and
estate Of the decedent, and that this
has been concealed by The said per-
sons, with the intent 20 convert the
same 10 their own use.
The affidavit, after Tecitlng the APP
pOintment OF ID. f. Walker as special
Issuance of the citation against Althea
Walker ard Margaret Walker smoot,
rays-
THAT with intent 10 conceal said
property and 10 obstruct this court in
the administration OF said estate. and
10 defeat the enforcement Of said or
Ider have meaning the omen men
itlonedl concealed themselves and re-
fused 20 appear before this court for
ieNamina ton, and as this effianJ IL in
i5ormed and verify believes. have fled
from the state OF Juan anu hcAona tAG
jurisdiction Of this court, and are now
domiciled in the state Of Idaho"
The affidavit AYERS that the women
fled from the state Of Utah on the
evening OF October 81. "a few hours
latter the service OF the citation, with
the intent and for the purpose OF de
flying the order OF this court"
Hearing On Monday.
Under the stipulation made between
The attorneys representing the two
sides IN the latest developments in the
will case, both the hearing OF the mo
tl0n for the annulment OF the citation
and IN the contempt proceedings, was
continued until Monday. The order
GRANTED by Judge George G. Armstrong
provides that the motion for the vaca-
ition OF the citation shall have prece-
Idence IN the hearing over the proceed
1ngs IN the contempt case Should the
plaintiff. seeking 10 break the will
succeed over the defendants. bench war
rants VIII be issued 10 secure the re-
turn to the city OF Althea Walker and
Margaret Walker SmOot who. with
the son and brother. Clarence Walker,
are supposed TO be speeding toward the
northwest coast IN an automobile.