Norwich bulletin., 1912-03-02
JUDGMENT IN ACCORDANCE
WITH SUPREME COURT DECISION
Local Matter Which Was Reserved for
Interpretation of WiIl-Short Cal
endar Business.

Judgment in accordance with the
opinion of the supreme court and
allowance for counsel fees and ex
penses were ordered Friday by Judge
Shumway of the superior court in the
case of William IL. Allen and others,
trustees, VS.. Andrew 3. Davies, admin
istrator and others. The hearing on
the motion was held at the short cal
en0ar session Of the court at New
London. Attorneys Briscoe, Allis,
Browning and Davies. representing
various of the parties to the action
were in court There were some thirty
involved the administration Of II 9TH
er estates. The amount involved is
about $4,000
Attorney Allis moved for judgment
In accordance with the decision Of tho
supreme court and then for allowance
Of counsel fees and expenses.
Attorney Briscoe said that he con-
sidered the counseIs charges as fair
and moderate, but that he opposed the
contention Of Mr.. Allis that the fees
should be paid cut Of the bulk of the
estate, the part held by Mr.. Allen. He
thought the fees should be paid from
the real estate fund.
Attorney Browning thought that it
should come out of Trustee Aliens
share, because he brought the action
calling the several defendants into
court and causing the attendant eX-
penses.
Judge shumway decided that the
amounts should be paid out Of the
sum total of the trust funds in the
hands Of the plaintiff trustees, includ-
ing proceeds from the sale of real es-
tate, each Of said two trust funds thus
bearing the proportional part Of such
allowances.
By the judgment the trust funds in
the plaintiff trustees hands, exclusive
of the sale Of real estate, belongs to
the estate OF Mary E. Childs and
should be turned over to the executor
of the will. The trust fund from the
sale Of real estate belongs to the es-
tates Of John M. Henry B., George W,
and Mary e. ChiIds, and should be
divided in equal parts and turned over
to the administrators Of the estates
Of the first three and the executor of
the will Of the last named.
The allowances for the counsel fees
and expenses were as follows: W. s.
Allis $751.91; W. A. Briscoe 1922. 50 4;
Amos A. Browning S616.5O: NJ. l..
WelcSer S2SS01; Franklin Freeman
S262.73: Fitzgerald & Walsh $16t 40;
York & Hoyt, S215; A. B. Davies,
s526.26; total $3,44331
Judgment by foreclosure was grant
ed in William NJ Stark, administrator
VS. Esephine T. Chute and others. The
amount is s2,162, and the time limit
is fixed for the third Monday in
April.
Answer in ten days was ordered in
Flora Z. Atchison VS.. Henry Bellows,
executor.
Statement of claim in ten days was
ordered IN William Clingan, admins
traitor. VS.. Carrie E. Woodruff, appeal
from commissioners.
In the case of Schiffres VS.. Rabin-
owitch, three weeks were allowed for
a more specific statement
In A1gelene Leonetta vs., Joseph
Marano, the case was ordered reopen
ed on payment of $40 costs.
Answer in two weeks was ordered
in Otto Czikowski VS.. Donald G. Per-
kins.
Cases Are Assigned.
Judge Shumway MADE the following
assignments for next week:
Tdesday---Emma J. Raughtigan vs.
Norwich Nickel and Brass company.
Wednesday-Agnes Whitney Va.