Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-11-18

state OF .\orth Ddkota' SouN'' '"'
leigh.
N District Court, Sixth judicial District.
H.. j. SCHAFER, as Administrators OF
Estate, Plaintiff,
Henry p. Gimbel. John r. Gimbel.
bel, sole surviving heirs at law OF
Philip Gimbel, deceased, S. II. Ber-
geson, as duly appointed. qualified
and acting Guardian of John p. Gin
Gimbel, minors. and all other per-
sons unknown, claiming n estate
in, or right, title or interest in or
lien or incumbrance upon the prop
erty described in the complaint.
The above and foregoing entitled mat
Ter coming on for hearing before tho
Court upon the verified complaint in
said action. together with the affidavit
If Fl. r. Berndt, Attorney for the Ad-
bel, deceased. upon the motion Of H.. Il.
3erndt, Attorney for the Administrator,
and plaintiff aforesaid, on this 18th day
If November. A. D. 1912. at the Cham
bers of said Cour in the Court House
n the City Of Bismarck, in the county
District of the State of North Dakota:
Ind the Court having fully examined
he complaint n the affidavit of the
laid Fl. r. Berndt, attorney for the
NalltlN a1oTeSdIu, anu IL appearing ~
he full satisfaction of the Court that
he action is one brought by the Admin
strator of the Estate of Philip Gimbel,
deceased, the heirs being now non-resl-
tents of the State of North Dakota. or
If the United States. but residents of
If Canada; that the said action Is one
Cor determination of heirship and the
share of such heirs respectively in their:
claims to certain. real estate pursuant
1911, at page 1893; that the parties whose
heirship in said certain described real
estate is to be determined and the share
II. whose respective interest and partlci-
alton is to be fixed n settled by this
Court, are the identical and selfsame
parties in interest in the matter Of the
estate IN the settlement thereof now
pending in the County Court of Burleigh
county, and it appearing from the veri-
led complaint, as well as from the az
ney aforesaid that the said estate has
oeen mismanaged and by. rea-
son Of neglect and inattention has
suffered loss and detriment and it still
'urther appearing to this Court that the
aid estate by reason OF the said mis-
still further and %irreparable loss. and
hat there are by reason of the said mis-
management of the estate, now no
'unds and resources available. except
ne amos cOVefeu Dy Tue iOWeStedu en-
Try Of public lands of the United States
patented to the heirs of the decedent,
and it further appearing that there is
10 speedy and adequate remedy at law
IN hand to prevent the further loss to
the said estate and to the parties in
interest thereto being as aforesaid the
relfsame and identical persons in each
Instance and it further appearing to the
abstraction of this Court that there are
come minor children whose interests in
he matter of the said estate have not
been protected and s~afeguarded and who
ire the innocent sufferers of the loss
.lready entailed. and who. are to be-
'ome the innocent sufferers in the loss
low threatened to the said estate AMI
heir interests therein: unless relief by
granted. and it appearing from the veri-
fed complaint inc the prayer of the
>laintiff thereto, that the only course Of
safeguarding the estate and preventing
'rarting Of leave. license n authority
70 the said Administrator of the said
estate, to- mortgage the premises of the
aid homestead in a sum not to exceed
s1,400. 90. and that the mortgage have the
-ame force and effect under. the order
7arttes directly in interest If legally
rualified so to do. and it appearing that
! hearing has been asked for showing
'ause why an order of this Court grant
HS liz AuItllIlSlIdLOT sH VI . tile eSlaIG
cave, license and authority to so mort
age the said homestead premises, such
mortgage to be of the same force and
fleet as if made and executed by the
,arties IN interest themselves, AND NO
;OOD CAUSE OR REASON APPEAR
should not be granted. and this matter
more fully heard and determined" by this
:ourt with a view to the granting there
u in the event that at such hearing
he needs and necessities of the step
IRE more fully made apparent to the
Court.
III is HEREBY ORDERED, That the
parties to the action foregoing named |
Ind any and all other, persons unknown,
i~terest in. or lien or incumbrance uron
the property described in the complaint
Tow on file in the Office, of the Clerk Of
MS Court appear before this Court on
tuesday. the 10th day OF December.
,%fternoon of said day. being the f1rst.|
lay Of the regular December term 81
his Court, at the County Court House
m the City Of Bismarck, in said Bur
eish county, or as soon thereafter as
'ounsel AN be heard. mi then anil
here show cause before this Court why
the prayer Of the sal administrator az
The said estate should not be granted. !
and the relief sought at the hands 81
.his Conrt at that time be extended and
- SdScu IIOInt TIursncTE de- |
.roilment and waste.
Dated this 18th day Of November,
BY the Court:
w. H. WINCHESTER.
:. Judge.
lines. posted in at least three conspic-
nous places and sent by registered let
defendants. ''"'
w. Y. WINCHESTER.