Norwich bulletin., 1922-03-24
RAIN, WARMER TODAY;
 COOLER TOMORROW


 as administrator of the estates of Capt and Mrs. Andrew J. Bentley of New London which he filed during hearings before Judge Milton A. Shum- way over the appeal from probate talk on by the children of Capt. and Mrs. Beutleyis declared by Judge Shumway to be as nearly a correct statement of administration account as it is pos sble to state at the present time
 Judge Shumway. as state referee heard the evidence in the appeal from probate brought by Ruth Bentley O'Neil and others and he filed his re- port Thursday a the office of Judge George E. Parsons clerk of the su- perior court in this city.
 Judge Shumway's report is as fol- .ows:
 The undersigned state referee. to whom was referred the above entitled cause to find the facts hereby makes report that he met the parties at the court house in New London, and after a full hearing finds the following fact:
 Capt Andrew J. Bentley died on the 1Slh day of March, 1895, then resi- dent of New London.
 2-He was at that time owner and manager of a large lumber business To- cated in NewL ondon, with three mills and machinery usually found in large establishments of this kind.
 3.-CapL Bentley left g. widow. Julia C. Bentley. and six children, one of whom was 2 daughter by a former marriage Mrs Carrie B. Gerard. There were five minor children their names and ages as follows: Abbie Bentley. 8 years Rath Bentley, 6: D. Dow Bentley. 4 /; Andrew J. Bentley. 3 and Mary Bentley, l. The then five minor children are now in this case
 4-Carrie R. Gerard conveyed her inter est in the estate some time after her fathers death, to Julia c. Bentley, tho widow, and was paid for the same S1f,- 75o; S9.227.93 of which sum was taken from the estate.
 5-The widow, Julia C. Bentley. was appointed administrator of her husbands s estate on March 25, 1895 and continued such until her death on August 20, 1907, having survived her husband twelve years and five months. Mrs Bentley was appointed guardian of the minor chil- dren soon after her husbands death ir 1895.
 6-John c. Geary, the appelle in this action. was appointed administrator cf the inadministered estate of Andrew J Bentley on Sept. II, 1907, and, after the death of Mrs Bentley, he was appointed guardian Of the minor children. and remained such until they became O. fal : age.
 7-Mr. Geary was also app9intel ad- ministrator of Julia c. Bentley soon aftei 1 her death. l S-The appellee in this acton, John c | Geary. Cyrus G. Beckwith and John Cal | lahan. the last two deceased, were sure | ties on the probate bond oc Mrs Bent 1 ley. as administratrix of tbe estate o1 l her husband, in the sum of S25,000. MT | Geary is lawyer admitted to the bal | in 1889, and was the attorney and advisor of Mrs. Bentley during the tint l between her appointment as administra | trix to her death in 1907
 9-The probate court passed an orde' on Dec IA, 1895 allowing $5,000 fo Inc support of the widow of Andrew J | Bentley and her family for one year iron March %. 1895.
 1 1O-No further order concerr.nS tn | support of the family was ever passed
 Tit did not appear that any orde' ! was passed concer1'ng the lumbc' bus i mess. either to wind 1t up or dispose O I it.. or to continue 10 cary t 0r. au 1 Mrs. Bentley continued r business Q. buying and selling and milling lumber i 12-The account books f the busines! as conducted by Capt. F ,ltley wCra els cd in 1895. A new set of books consist , ing of a journal, cash b Jus. .edger and desk book were opened soon after ! These latter books, after tte lcatl c 1 Mrs. Bentley. came into the possession l of the appellee John C. c 1ry, and were by him. put into the nanis ot Freder,cl Washburn. an accountant: fer the pur 1 pose of making up an ac7o1at If Ms Bentley as admini5J-atriX 1l..ss book 1 had been under the Cn1f5c or had bctl l kept before hv one WiiiPm Oliver. wh acted as bookkeepa~ 1ar 'ha admlnistra triX until the year 1901, wh-n tha .ur! ber business was ci 'sel ID and spose, ot.
 Y 12-An account was prepared by N- ! Waehhurn nroporting to be the accoun of the administratrix If ttc estate o Andrew J. Bentley. and 't was flied i The probate court at Y " Lnrtaa E. ii year 1910 by Mr. C-a;y 2cf is the ac count allowed by tn. p:o31'e court i 1921 and marked Exhibit E" Th.s cc , count was not verI,1 rv ,>n catl . | ary one. and no aC,iJn v-as i5keL there ! uI by he court untl tl1A.
 1i-This account was rrhpa"cd by M 1 Ndshburu partly from the books kei
 Inc lumber businecs sad nlrt f.o, Reformation furnished him bv Totr~ z
 Geary the appellee. The books name
 came into the po"sessip1 &; Washhar
 in 1910. After making '.sa of -hcm !
 offered to return the t1 Mr. Gca:y. N Washburn testified suastsncc ac"2r,
 u@ to his pest 'ec, .c' tbat Le r'
 turned the troks ta the law ff cc T Mr. Geary. "9la of lr4sl, b., ks ca
 now be foial. N. further aceJuj.;