The Bridgeport evening farmer., 1913-06-07
WATERWAYS ARE
 ALLOWED $3,OOO
Judge Hallen Passes On Their Claim for Admins
 tering Beardsley Estate
Counsel for Other Heirs Vigorously Protest and
 Talk of An Appeal

AS 1olnl compensation for their ser vices as executors on the estate of the late Marcia BeardsIey, MT. and Mrs. George T. Hathaway Of 800 C<Iin- ton avenue were allowed $S,0OO in the probate court yesterday afternoon by Judge Edward F, Hallen instead of the s4.00o which they asked for. It was only after a lengthy hearing on in consideration of the size of the estate upon which MT. and Mrs Hathaway had acted as executors, he thought that they might be entitled to LOGO for their services.
 Attorneys Charles Stuart Garfield and Samuel c. Shaw strenuously op- posed the granting of such a large amount for executors fees, appearing in behalf of Robert s.. Walter N., and Carrie E.. Trulock of Pine Bluff Ark heirs with MT and Mrs. Hathaway of the Marcia Beardsley estate. Attor- for the Hatheways and he argued that in consideration of the conscientious way in which the executors had set tied the estate they should be allowed the $4.ooo fee which they asked for their work on, the estate.
 : Attorneys Csanf1eld and Shaw op- posed the granting of the fee of s4,- GOO because they claimed that the Hatheways by holding onto express company stocks when they were de- prec1allhS III VaIue s2IIeF the passing of the parcel post law, had lost ST, 900 of the estate which they could have saved by selling the express stocks when they first began to depreciate. They claimed that this showed poor management on the part of the execu- tors. The attorneys for the opposi- ton also asserted that all MT. Hathe- way and his wife had to do was col lect interest on mortgages, dividends on stocks, pay a few 1egacies and attend to other minor details in the settling of the estate, work which would not entitle them to a fee of $4,oo0 or g. fee anywhere near as large as that.
 Mir. Hathaway explained that he had held on to the stocks even when they were depreciating in values because he was advised to do so by a hnancier of high standing. because the stocks con tinued to pay good dividends, and be- cause he figured that they would re- cover if the parcel post law did not go into effect.
 It was not his fault he thought, that the estate suffered a market loss of $7, 900. He did his very best, he said, to keep the estate up in the best con- ditiona collected every cent oE in- terest on mortgages, looked after the real estate, and in fact devoted a good part Of his time. at least part of every day for a year, to looking after the estate. The fee of $4, 900 was no more than just compensation for the time and anxiety himself and his wife had expended in trying to full fill their obligations as executors of the estate.
 After the merits Of the case had been argued for period of two hours Attorney Garfield closed his argument by saying that on a whole the work on the estate had not been very ardu- ous, the executors had had little ex- perience, and as poor results had been obtained as shown by the loss of ST. 900 the amount of fees should be great ly reduced.
 Mrs. Hathaway wanted to show that the care and anxiety which she had and the insults which she had received from the other heirs should be taken into consideration in the granting of the fee but she was told by Judge Hallen that these re- marks were out of order and could not enter into the case.
 That's the, way it always is,'' she exclaimed, there is no justice in the law; there is no justice in anything. And yet we are supposed to be living in a free American Iand!"F
 Judge Hallen heard both sides of the question and when the lawyers had concluded their arguments he said that as the estate had, been a large one and the resultant duties and oblf- gations large ones he would allow the executors $3, GOO as joint compen- sation. He named June 12 as the day for the executors to render their final accounting of the estate. It is un- derstood that Attorneys Garfield and Shaw will communicate with their clients at once relative to an appeal from the courts decision in granting the fee of $3,000.
 So great was the protest made by the other heirs to the granting of the claim of $12o0o which Mrs. Hathaway filed against the estate for services rendered the deceased in caring for her during her latter years. that she with drew this claim, asking simply for the executors fee.