Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-12-09
oaoea 70 snow CAUSE

state OF North Dakota. County Of Bur-
IN District Court, sixth Judicial District.
II. O. sCHAFllR. as Administrator Of
Estate. Plaintiff.
Henry 7. Gimbel. John p. Giinbei,
E~hrenfred Climbed and Lizzie 0lm.
Philip Oimhel, deceased. 3. II. Her:
Keson. w duly appointed. qualified
n acting Guardian OF John l.. Gin.
bel EhrSnfred Gimbel and Lizzie
Cimbel. minors, and all other per.
in, or right, title or interest In or
lien or incumbrnnce upon the prop.
erty described in the complaint,
Defendants.
The above and foregoing entitled mat
ter coming on for hearing before the
Court upon the verified complaint. In
said - action; ..r .oSethsr o with the ne a ,Sa ~.
ministrntor Of the Estate Of Philip Gim-
bel, deceased, upon the motion OF H.. II.
Berndt, Attorney for the Administrator.
and plaintiff aforesaid, on his 18TH day
bers Of said Court in the. Court House
in the City of Blsmarck. In the county
Of Burleigh. within the Sixth judicial
District OF he state Of North Dakota;
and the Cour having fully examined
the complaint n the affidavit. Of the
al ~ - W. W.
plaintiM aforesaid, and 1t appearing TO
The full satisfaction of the Court that
the action Is n brought by the Admin-
istrator of the Estate of Philip Giinbel,
dents of the State of North Dakota, or
of the United states, hut residents OF
the Province of Alberta in the Dominion
OF Canada; that the said action is one
for determination of heirship II the
share of such heirs respectively in their
rrn inS m nnrfnIn ranl aStA0n nllrSlllnl
to Chapter l2l of the Session Laws Of
1911. at page 1893: that the parties whose
heirship In said certain described real
estate Is TO be determined and the share
patton is to be fixed and settled by this
Court. are tho identical and selfsame
parties in interest in the matter OF the
estate and the settlement thereof now
pending In the County Court OF Burleigh
county, and It appearing from the veri.
iidavir of the said IL. II. Berndt, attor-
ney aforesaid that the said estate has
been ~mismanaged and by rea-
son of neglect and inattentidh has
further appearing to this Court that the
said estate by reason Of the said mis-
management Is now about to sustain
stir furthe' and irreparable loss. and
that there are by reason Of the said mis-
management OF The " estate. now no
funds and resources available, except
the lands covered by the homestead ell
try OF public lands of the United states
patented to the heirs OF the %decedcnt,
and II further appearing that. there IL
no speedy and adequate remedy at law
on hand to prevent the further loss to
the said estate Inc to the parties in
Interest thereto being as aforesaid the
selfsame and identical persons in each
Instance and 1t further appearing to the
satisfaction of this Court that there are
some minor children whose interests in
the matter Of the said estate have not
been protected and ~safeguarded and who
are the innocent sufferers Of the loss
already entailed. and who are to be-
come the innocent sufferers in the loss
now threatened to the said estate and
their interests therein, unless relief By
Order OF this Court be devised and
granted. and it appearing from the verl-
fed complaint and the prayer of the
plaintiff thereto, that the only course OF
safeguarding the estate and preventing
the threatened irreparahle loss is the
granting Of leave, license and authority
TO the said Administrator of the said
estate to mortgage the premises Of the
s1,400.0 90. and that the mortgage have the
same force and effect under the order
Of this Court as though made by the
parties directly in interest If legally
a hearing has been asked for showing
cause why an order of this Court grant
ing sthe Administrator of the estate
leave. license and authority to so mort
gage the said homestead premises, such
mortgage to be OF the same force and
effect as IL made and executed by the
parties in interest themselves, AND NO
GOOD CAUSE OR REASON APPEAR
ING Why the prayer for a hearing
should not be granted. and this matter
Court with a view to the granting there
Of in the event that ut such hearing
the needs and necessities of the step
are more fully made apparent to the
Court,
If is HEREBY ORDERED. Tint the
parties to the action foregoing named
and any and all other persons unknown,
having any estate in, or right, title or
i~terest in, or lien or incumbrance upcn
the property described in the complaint
this Court appear before this Court on
Tuesday, the 10th day of December.
1912. at the hour of 2 o'clock in the
afternoon of said day. being the first
day Of the regular December term Of
this Court. at the County Court House
leigh county. or as soon thereafter us
counsel can be heard. md then and
there show cause before this Court why
the prayer Of the said Administrator Of
and the relief sought at the hands OF
this Court at that time be extended and
the said estate saved from further de-
spOilment and waste.
Dated this 18th day of November.
BY the Court:
Judge.
Let this order be published three
times, nosted in at least three -conspic.
uous places and sent by registered LETT
tiers to each OF the known and named
defendants. vi.
w. II. WINCHESTER,4
Judge Of the District Court.
Ills. %: l2-2, O.,
NOTICE AND CITATION, REARING
OF FINAL ACCOUNT AND DIS.
TRieUTiON OF ESTATE.
State of North Dakota. County Of Eur