The Democratic banner. (Mt. Vernon, Ohio) 1898-192?, 1921-05-06
Judge L. J. Duke Makes Find
ing Against H. c. Swetland
As Executor
WRITTEN OPINION
GIVEN BY COURT
Court Fails To Probate A
Nuncupative Will; Other
Court House Items

An important opinion was handed
down by Judge l.. J. Duke of the pro-
bate court of Knox county on Tuesday
morning in the matter Of the estate
of Phebe Thompson, deceased.
Exceptions to the final account of
Harry c. SHETLAND, as executor of
Phebe Thompson, were filed recently
in the probate court of Knox county
by Harriet T. Miles of Columbus.
Hearings were held before Judge
Duke in probate court on March Is
and concluded on the 30th day of
March.
According to the opinion of the
court findings are made against Harry
c. Swetland, as executor of the estate
of Phebe Thompson, and appeal bond
is fixed in the sum of $4,000.
The complete opinion as rendered
by Judge Duke follows:
In the matter of the estate Of Phebe
Thompson, deceased. Finding and
y judgment:
Court of Probate, Knox County. Ohio.
Exceptions to accounts, May 2, 1921.
Notice of the time for hearing and
settlement of the third and final ac-
count of H. G. SHETLAND, executor of
the estate of said Phebe Thompson,
deceased, having been duly advertis.
ed according to law, and exceptions to
said account having been filed on the
2nd day of March, 1921, and said ex-
ceptions having been heard by the
Court on the 18th day of March, 1921,
and concluded on the 30th day of
March, 1921. and continued for judg
ment, this 2nd day of May, 1921
finds as follows:(
Exception No. / Sustained. Said
II. c. Swetland, as executor of the es
tate of Phebe Thompson, deceased
should Of charged himself with s2S1.95
az shown by his second partial &C
cent, filed on the Sth day of May
1913, and confirmed on the 10th day
of June, 1913.
Held that II. C. Swetland as execu
tor of the estate of Phebe Thompson
deceased, is chargeable with and shall
account to the lawful administrator
Of the estate of Phebe Thompson, de-
ceased, for the said amount of $2S1.95
(The said H. G. Swetland having been
removed on March 81, 1921, as execu
tor of the estate of Phebe Thompson
deceased, for the reason that upon
contest it was found that the will
heretofore admitted to probate, was
not the last will and testament OF
said Phebe Thompson, deceased
thereby terminating his executorship
of said estate) Judgment is hereby
rendered against the said II. c. Swet
land, executor of the estate of Phebe
Thompson, deceased, for the sum
$2S195 and order that the account for
the same according to law.
The court further finds with refer.
ence to Exception No. 1, that all the
charges and credits as set forth in
the final account of said II. G. Sweet
land, as executor of the estate of
said Phebe Thompson, deceased, are
improper and are ordered stricken
from the account, as the said H. c.
SHETLAND, as executor of the estate OF
Phebe Thompson, deceased, acted
without any authority, either under
the will of Phebe Thompson, deceas
ed, or under the laws of the State OF
Ohio. (See finding below. Further
said account was accompanied by nc
vouchers in the support of the cred
its asked.
Under Item Z of the will of Phebe
Thompson, deceased, all the residue
of her estate, both real and personal
was bequeathed to Anna e. Swetland
Harriet T. Swetland and Harriet T
Miles, their heirs and assigns forever
Under Item of said will, Mary Il
SHETLAND, daughter of Phebe
Thompson, deceased, was named q
trustee (of the above named three
legatees) of the general or residuary
estate as we'll as the personal proper
ty bequeathed by Item 6 of said will
until said wards arrived at the age Of
IS years, when they were to receive
said estate in full.
Said executors under the will o.
Phebe Thompson, deceased, were Civ
en- no power or authority to act in {
trust capacity as to the residuary es
tate of said Phebe Thompson, deceas
ed, and the second partial account al
filed by II. C. Swetland, as execution
of said estate, on the Sth day of May
1913, should of been final account
as he had distributed lawfully and un