The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1910-11-11
HEIRS IN PROTEST
TO PROBATE COURT
Objection to Approval of Final
Settlement of Mcmahon
Estate Made.
ADMINISTRATOR OPPOSED
PAYMENT OF $1,000 TO HIMSELF
is CONTESTED TOGETHER WITH
OTHER AcTioNs-A TRUSTEE is
WANTED.

ooJS~NAoh W hhV aPpAoNus Va thU -
nal report of Benjamin Hatfield of
Dublin, as administrator of the es-
tate of the late William Mcmahon. a
wealthy farmer living in Jackson
township has been filed in the Wayne
probate court by the heirs Of the de-
cedent. They aver the administrator
has improperly withheld sums from
the estate and allege that he received
too much for services as administrator
of the estate when he paid himself
$1,000. His dismissal from the posi-
ton has not been asked, except that
the heirs desire Cora NJ Herbst be
named as trustee for the collection OF
several notes due to the estate.
In Hatfields final settlement report
filed in the court several weeks ago,
he claimed that his services in con-
nection Herewith were worth $1,000,
having saved the estate several hum
dred dollars in the collection Of what
he termed. bad debts, and had other
wise been of service to the heirs which
justified him in receiving more than
the amount which is prescribed by
law. However. the heirs, including
Mrs. Herbst. Luella M. Brown, and
three sons. Frank E.. Percy NJ. and
Lloyd Mcmahon, declare the admins
traitor performed no unusual services
and is entitled to but $3S2.42, the
amount fixed By law.
Was No Litigation.
No litigation or other complications
arose in the settlement Of the estate,
the heirs claim. They further declare
that statement made by Hatfield IN
his final report that he had collected
Ebaxf -saafue md thAE nFay the
court that he be required to give proof
of this fact. The heirs say there was
no extraordinary work required Of
Hatfield as administrator. They OBJ
ject to the following claims being de-
clared worthless: Wilson note for
s74.S6: David Fouts. note. 5000: Ira Q.
Stout, note S35; Charles e.. Ellsworth,
note, s6l5.37. They desire that Mrs.
Herbst be named trustee to collect
| these.
| Desiring that they be consulted In
the selection OF tombstone for the
grave Of their deceased father. the
| heirs make no objection to $500 al.
! lowance to himself for the tombstone.
There was no agreement between the
heirs and the administrator as to the
amout to be spent for tombstone.
except that it should not amount to
more than 5000. No stone has been
selected and no contract made for the
placing of marker over the de-
cedent's grave.
Declaring that the taxes Of Henry
county real estate is lien against the
property, condition over which the
administrators has no Jurisdiction az
the heirs own the property now. they
make an objection to Hatfields reten
tion of s125 with which to pay the
1910 taxes on the Henry county real
estate, which will not be due until
I1911. A somewhat similar objection
is made to his retention OF 1925 te
nay the taxes of personal property In
this county, which the decedent own
ed. They claim this is not sufficient
the total tax amounting to $214-5l
and petition the court to require tbs
payment OF the entire amount, Hat
field to take credit for the expenditure
when it is made. They ask that he
be required to give proof on the re
ltention of certain sums. which they
contest, and to do this Immediately II
order that there will be no delay II
the settlement Of the state.
The late William Mcmahon was
wealthy farmer living near Dublin. II
addition to the realestate he had con
| siderable money! out on mortgages
and promissory notes. some Of 1t beinf
loaned in Illinois. The administrator
was required to pay about $4,000 II
delinquent taxes to the county on some
of the property which the late Mr.. Nc
Mahon seQuestered In Illinois.