Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-11-25
ORDER 70 SHOW CAUSE

'.... ....N.. .I
In District Court, sixth judicial District,
II. J. SChAFER, as Administrator OF
Estate, fiaiii'ih'
Henry =. Gimbel, John r. Gimbel,
bel, sole surviving heirs at law OF
Philip Gimbel, deceased, $, u. Der,
geson. as duly appointed, qualined
bel Ehrcnfred Gimbel and Lizzie
Gimbcl, minors, and all other per-
sons unknown, claiming n estate
in. or right, title or interest IN or
lien or incumbrance upon the prop
Defendants.
The above and foregoing entitled mat
ter coming ON for hearing before tho
Court upon the verified complaint Ia
said action, together with the affidavit
Of IL. X. Berndt, Attorney for the Ad-
ministrator of the Estate Of Philip Gin
bel, deceased, upon the motion OF III. K,
Berndt, Attorney for the Administrators
ana plaintiff aforesaid, on this 18th day
of November, A. ID. l"l2, at the Chain-
bers of said Court IN the Court House
IN the City of Bismarck, in tho county
of Burleigh, within the Sixth judicial
District of the state of North Dakota;
and the Court having fully examined
The complaint and the affidavit of the
said II. T.. Berndt, attorney for the
uulnlul uIOIeSulu, llPi / olIStt ibtc w.
he full satisfaction of the Court that
The action is one brought by the Admin
lstrator of the Estate of Philip Glmbel,
deceased, the heirs being now non-resi-
dents Of the State Of North Dakota, or
of the United States, but residents OF
the Province of Alberta in the Dominion
Of Canada; that the said action Is one
for determination OF heirship and the
share of such heirs respectively in their
laims to certain real estate pursuant
TO Chapter III of the Session Laws OF
1911, at page 1888; thai the parties whose
heirship in said certain described real
estate is to be determined and the share
+ whose respective interest and particl-
)ation Is to be fixed and settled by this
court, are the identical and selfsame
estate and the settlement thereof now
bending in the County Court Of Burlcigh
county, and it appearing from the Veri-
led complaint, as well as from the af-
.idavit of the said II. X. Berndt, attor-
ney aforesaid thai the said estate has
son of neglect and inattention ha
suffered loss and detriment and 1t still
'urther appearing to this Court that the
said estate by reason of the said mis-
management is now about to sustain
till further n irreparable loss. and
that there are by reason of the said mis-
management of the estate. now NJ
unds n resources available, except
he lands covered by the homestead en-
ry of public lands of the United States
patented to the heirs of the dccedent,
IND it further appearing that there Is
10 speedy and adequate remedy at law
IN hand to prevent the further loss tC
he said estate and to the parties in
interest thereto being as aforesaid the
:elfsame and identical persons in each
Instance and it further appearing to the
abstraction of this Court that there are
ONE minor children whose interests In
he matter of the said estate have not
zen protected and safeguarded and who
re the innocent sufferers Of the loss
already entailed. and who are to be-
'ome the innocent sufferers in the loss
low threatened to the said estate an
heir interests therein, unless relief by
order of this Court be devised and
;ranted, and it appearing from the verl-
,laintiff thereto, that the only curse OF
safeguarding the estate and preventing
he threatened irreparable loss is tho
,ranting of leave, license and authority
o the said Administrator of the sait
state to mortgage the premises of the
100000 and that the mortgage have tbs
same force md effect under the order
e this Court as though made by the
'arties directly in interest if legally
qualified so to do. and. it appearing thai
| hearing has been asked for showing
.ause why an order of this Court grant,
ng the Administrator Of the estatt
cave, license and authority to so mort
;age the said homestead premises, sucl
mortgage to be of the same force ant
'arties in interest themselves, AND Nc
GOD CAUSE OR REASON APPEAR
NC Why the prayer for Il hearini
'hould not be granted, and this matter
more fully heard and determined by this
curt with a view TO the granting there
If in fhn nunrf tlDt e. u {, ~, 1,n,r nil n,
he needs and necessities of the stel
ire more fully made apparent to the
Court.
IT IS HEREBY ORDERED. That Tho
PARTIES to the action foregoing named
md any and all other persons unknown
tcrcSt in. or lien or incumbIance upon
he property described in the complains
low on file in the office of the Clerk q
his Court appear before this Court on
1912, at the hour of 2 o'clock in thu
afternoon Of said day. being the. first
lay of the regular December term OF
his Court, at the County Court Hous,
n the City of Bismarck. in said Bur
eigh county. or as soon thereafter as
counsel can be heard. and then an"
here show cause before this Court gWh,
he prayer of the said administrator OF
he said estate should not BE granted,
md the relief sougntHa the hands of
Ibis Court at that time de %eHteUdeds and
he said estate saved ftom$sfus.hert de-
hated tits 18th day :oofsA November,
BY the Court: 'r>a ~ "&
EW.1 Il. WlNCHIGsTIGH.
r. won" Fl. 'f*~' Judge.
Let this order be. published, three
I'm es, posted in at least three conspic-
,ou places and sent by .EegisteredsMcl :
.ers to each Of the known and named