Norwich bulletin., 1921-08-10

appeals of the heirs of the estates of the late Andrew J. Bentley and Mrs. :, Andrew-J. Bentley was started before Judge Milton A. Shumway of Daniel son appointed as special committee in the case.
 The appeal was taken from the ac- ton of Judge Arthur B. Calkius of the probate court in allowing the ac- count of Attorney John c. Geary IS attorney and agent for Mrs. Bentley, administratrix of the estate of her hus- band.
 The appellants are: Ruth Bentley O'Neil of Willimantic, W. Dow Bent ley and A. Jackson Bentley of New York, and Misses Abbie and Mary Bentley of New Haven, children of MT. and Mrs. Bentley.
 The hearing began at 10.S0 and the morning session was taken up almost entirely with Statements by the attor- neys for both sides and reading of the reasons of appeal, the only witness in the morning being Judge of Probate Ar thur B. Calkins. Attorneys Hadlai A.. Hull and Frank L. Mcclure of the firm of Hull. McGuire & Hull and Attorney Thomas E. Troland represent the heirs. Mir. Geary is represented by Judge Charles B. Waller, who is being assisted by Attorneys Marion R. Davis and Ar thur T. Keefe, MT. Geary's associates in the firm of Geory, Davis & Keefe.
 Judge Waller opened the hearing with a statement, in which he recited the na- ture of the case and declared that MT. Geary filed an account in the probate court in 1910, but it was not passed up- on and was not accepted until 1920. | Attorney Mcclure, in a statement to | the court declared that this was the first l his clients knew of the filing of an ac- count in 1910 The only account which his clients know anything about was the 1 one filed in 1e20s and he did not know what the previous history of the account of 1910 is. The first account that his clients saw was when about a year ago, 1t was handed to them with paper ask ing for their signatures of approval They then began an investigation which led to taking the appeal from the ac- count
 Attorney Mcclure stated that at the time of Mrs. Bentleys death in 1907, MT Geary was appointed administrator of her. estate and also administrator of her estate and also administrator de bonus non of the estate of MT. Bentley and was also appointed guardian of the children. He affirmed that Mir. Geary has never flied an account of his guar dianship over the children nor as ad- rninistrator de bonus non.
 MT. Mcclure said that upon investi. gation, the appellants had found that large sums of money had gone into MT I Geary's hands in various ways; that he had taken title to some property; that he had received money from vesse shares, none of which he has accounted for and the appellants wanted to know whether these charges against the estatt are proper charges.
 Attorney Mcclure asserted that his clients had been handicapped in that books which had come into Geary': hands in 1907 are not in existence anC that checks and other papers have no been produced. MT. Geary claiming that they have been eaten by rats.
 Attorney Waller declared tot the cour that beginning in 1895 when MT. Bent ley died, MT. GeaTy began making loan
 to the Bentley estate and these loan
 continued for several years until the,
 totalled at least $4O,OOO and that in fac the estate Is indebted to MT Geary ant
 that mortgages mentioned in the req . sons of appeal were assigned to MT Geary as part payment for the loans. There was some question as to tn exact nature of the reasons of appea } and it was agreed that they should b read. Attorney Mcclure read the req sons of appeal numbering 43.
 The complaint alleges that on Nov. 1; 1903. John c. Geary, as attorney an agent of the estate of Andrew J. Bent ley. received assets from the admins tratrix, Mrs. Bentley, in the sum o
 s50.OOo, which had been paid to the ad ministratrix by the New York, New Ha ven & Hartford railroad, as the pur
 chase price for a tract of land belongin
 to the estate situated near Fort Nee s in this city; that MT. Geary knew tn g source of the money, that it had bee Q paid as such purchase price and that 3 belonged to the Bentley estate and tha , although MT Geary, in his account ha t charged the administratrix with the rt
 ceipt of the money, yet it was not e
 pended by her but was delivered by he ', to him and his account does not COT tain a statement of the receipt of tr
 sum by him nor does it contain a stat,
 ment of the disposition of it nor an :. payments therefrom and that he de . posted the money of the estate in h 5 own checking account in the New Lol . don City National bank.
 d From the s50.000 so received by hir N MT. Geary on Nov. 1e, 1903, withdre
 the sum of s1.oo0 by check payable
  : drew the further sum of s1.55e, also I $ check payable to himself, as agent ar n on Nov IT, of the same year, he witt n drew the further sum of 5000 by chec n payable to himself and on Dec. 8, 190 e he withdrew the further sum of s2,S1
 which he paid to L. O. Raymond f. d the purchase price of land on Mool d avenue, then conveyed by MT. Raymor 7. to MT. Geary. individually, and tn; e Mir. Geary withdrew and paid furth, e sums of money from the s50,000, u
 amount of which is unknown to the al I, pellants It is claimed that the accoul y does not contain any statement of u e transactions
 e Charges are made that MT. Geary co e lected large sunrns of money due to Il
 estate from various debtors and retail
 ed therefrom sums for services rendert
 by him yet his account does not conta
 8 statement of the money so retaine V and the amount and items are unknov
 to the appellants; that there were pa l. to him out of the assets moneys to Ill used by him in paying claims of variol
 creditors and that he retained fro 7- these sums, certain sums. the amount
 which Is unknown, which he claims re n resented commissions which he charge
 the creditors for the collection of Il ,s sums and that the account does not co q tain a statement of the debts so pal :, nor of the sums, so retained.
 Y The complaint sets forth that Atorn, H. Geary's account which he filed should
 disallowed because it does not sho Id what Investments were made with mo le eys of the estate nor does it show t
 amount of income or interest receiv in therefrom or the increase received fro of the money.