New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1915-02-17
Wirth Estate Is
Again In Courts
FINAL SETTLEMENT OF FAMOUS
CASE is POSTPONED TO
MARCH 9th.
ADMINISTRATORS MUST PRESENT
PROOF OF PROPER ExPEN-
DITURES.

An estate which has been pending in
the Probate Court of Brown County for
the past 10 years is about to be wound
up. This is the famous Augustin
Wirth estate. Owing to litigation which
was carried to the Supreme Court of the
United States, the settlement of this
estate has been delayed beyond the usual
time. Suits were instituted for the
purpose of determining whether the
funds of the estate were payable to the
Order of St. Benedict or to the heirs OF
Augustin With, both of whom laid
nation wide attention on account of the
important matters in issue and were
finally determined in favor of the Order
of St. Benedict by the highest federal
tribunal.
Shortly after the cases had been de-
cided by the U. S. Supreme Court Albert
Steinhauser, administrator of the estate,
filed his final account with the Probate
Court. Of the total funds amounting
to s2769.55 which came into his posses
sion, S175O.68 were expended for taxes,
and the expenses of litigation. The
hearing for the final account was origin
ally set for December 4th, 1914, but
several adjournments were had for the
convenience Of parties and the matter
was reached last Saturday. At that time
Otto Kueffner, Esq. of St. Paul was
present on behalf of the Order Of St..
Benedict, and Attorney H. L. Schmitt of
Mankato appeared in behalf Of the ad-
ministrator. William Pitzer, Esq. Of
Nebraska City, Nebr., who had been
one of the attorneys in the suits in the
federal courts was present also to give
testimony as to the expenses incurred in
the litigation.
Shortly after the fiscal account had
been filed the Order of St. Benedict had
execution issued out of the federal Court
on the judgment it had obtained against
the administrator of the estate and levy
was made on the personal funds Of the
administrator and the estate funds on
deposit with one of the local banks.
Upon application to Judge Booth OF the
u. S. Circuit Court however, these levies
were released. On account of these
levies having been made, one of the adj
journments was taken so that it could
be judicially determined what funds of
the estate, if any, remained in the hands
of the administrator to be dealt with by
the Probate Court of this County. OBJ
lection to the allowance Of the account
had been made by Attorney Kuefner on
behalf of the Order of St. Benedict. The
objections are of general nature and
accuse the administrator of waste and
unlawful expenditure of the estates
funds.
When the case was reached in Probate
Court Saturday, Judge Ross announced
that many questions Of Importance
would have to be decided in the matter
of the hearing on the final account and
requested the attorneys to submit
briefs on the following questions and
such others as they thought necessary
to touch upon:
1. Whether the items included in
the Administrator account covering
the fees andexpenses in connection with
the litigation in New York and the lit
igation in the United States District
Court, United States Circuit Court OF
Appeals and the United States Supreme
Court are items that should be paid
out of this estate.
2. AS to whether or not the Order
on file in this Court bearing date March
18th, 1905, authorizing suit to be in
stituted against Benzinger Brothers Of
New York furnishes sufficient authority
to the Administrator to incur attorneys
fees and expenses in the litigation that
was begun in the United States Dis
trict Court of Minnesota and carried
to the United States Circuit Court Of
Appeals and then to the United States
Supreme Court.
8. AS to whether the Court has
authority to allow the fees and expenses
"a shown in the account Of VIM. H. Pitzer
A. Whether the administrator was
justified in expanding such large
amount of money in litigation in ar
estate of this size at least without
getting the authority of this Court
from time to time.
s. Whether the costs adjudged a