The Democratic banner. (Mt. Vernon, Ohio) 1898-192?, 1921-05-06

tiOh Vi tuC PEOlsJO, anu thO'o
was no contest OF said will pending at
said time. At this time Anna Il. Swet.
land and Harriet r. Swetand had ar;
rived at the age of 1S years, and II.
S. Campbell had been appointed
trustee of Harriet r. Miles. Said II.
C. Swetland, as executor of said es.
tate should be held to account to the
lawful heirs or the trustee of this res
iduary estate of Phebe Thompson, de-
ceased, for all the rents and profits
unlawfully received from this residu
ary estate.
The court sustains exceptions to
Items, 2, 4, 5, 6, z, 8, 8, 10, II and IL
and finds as follows: That on the 31st
day of December, 1907, Harry C. SWEET
land and Charles e. Miles, were APP
pointed, and qualified executors Of the
estate of said Phebe Thompson, de-
ceased, that on or about the goth day
of January, 1908, and before the day
of appraisement said II. c. Swetland
and Charles Il. Miles, executors of
the estate of Phebe Thompson, de-
ceased, together with Mary T. Swet-
land, named as trustee of the estate
created by Items 6, z and 3 in the will
of Phebe Thompson, deceased, meet
at the Thompson homestead and as
sembled the more available assets of
this estate, and divided them between
themselves unlawfully, without any
order of the court, and failed to make
return of same in the inventory and
appraisement of said estate of Phebe
Thompson, deceased.
The testimony in this case shows
that said unlawful distribution con
sisted of mortgage of Geo. c. Boil
son for $4,50O.0O with interest OF
$18750; dividend check of the M. &
M. bank for $6O.O0 certificate of de-
posit NJ & M. bank for 100000 with
interest of $1,000; certificate of de-
posit M. & M. bank for $2,66O.00 with
interest $232.75; II. C. SHETLAND note
y for $4,000; H. C. SHETLAND note for
$2,5O0.OO with interest $4,000; H. c.
SHETLAND note for $7164O with inter
est $4,000; Murphy and Miles note for
$4,000 with interest $1,000; tota
SIS, ,963.65 which was divided as fol
lows:
H. c. SHETLAND, one of the co.execu
tors of the estate of Phebe Thomp
son, deceased, taking $10.309,65 and
Charles E. Miles. the other co-execu
tor of the estate of Phebe Thompson
deceased, taking $5,154.4, all ot
which was a strict violation of law
and of the trusteeship of this estate
and contrary to Section 10635 of the
General Code of Ohio.
Held that II. c. Swetland as one o.
the co-executors of the estate of safe
Phebe Thompson, deceased, is charge
able with and shall account to the
lawful administrator of the estate o.
Phebe Thompson, deceased, for $40,
309.G5 with lawful interest from the
day of the unlawful distribution to
the day of the rendering of this judg
. ment.
The court hereby renders Judgment
in accordance with the finding herein
against said III. G. Swetland, as exec
utor of the estate of Phebe Thomp
son, deceased, and order that ne ac
count for the same with lawful inter
est according to law.
, The court might of been justified IL
rendering judgment against H. c
Swetland, as the executor of the es
! tate of Phebe Thompson, deceased
for the full amount of this unlwafu
distribution, because the Testimony
} and record show that Charles E
Miles, was removed as co-executor oi
the estate of Phebe Thompson, de
ceased, on the goth day Of July, 1911
for failure to file an account, but II
is now discovered and the testimony
shows, and it is admitted by said
: Charles E. Miles that he received as
J one of the cO-executors of the estate
of Phebe Thompson, deceased, and
has not accounted for, the sum of S.,
154.41, and said H. C. Swetland as
} executor of the estate of Phebe
Thompson, deceased, failed to account
for this unlawful distribution, either
in his first, second or final account
The court therefore holds that said
: Charles e. Miles should be held to ac
count to the lawful administrator OF
the estate of Phebe Thompson, de
: ceased, for the said $5.154.41 with law
, full interest from the day of the unlaw
full distribution until the day of the
rendering of this finding.
, Exceptions to Items g. 13, IA, Is, II
, and II ovVruled Said items being
, appraised by the appraisers, and the
return of said appraisement being
made to this court and lawful dis
. tribution of said items being account
ed for in the first and second partia