The producers news. [volume] (Plentywood, Mont.) 1918-1937, 1936-11-06

SesoIaI 1MIures to comply with
the statute, (a) there IL no state
ment Of the debts Of the estate
as segrated from the unlswSnI
oeOts Of Gilbert himself In carry.
ing on ranching operations. The
an; allegation, 81 r. z being that
mere is outstanding at this time
debts incurred by the deceased n
ms lie time and debts incurred
Dy your petitioner in carrying on
the ranching operations and in
the due course Of administration
aggregating the sum of $500
1879" This on its face when
compared with Montgomerv's will
shows that there are illegal items
IN the budget and fails to show
what the legal items amount 20.
II there are any. The petition
fails to show the value Of the real
estate and fails to show the con-
ditlon Of it. It fails TO show the
amount due upon the family al
iowance. Elsewhere in the record
1t appears that much was due be-
cause the item Of $22, 760.S9, said
to be family allowance in the ac-
count: was never family allowance
at all but was paid by Gilbert
wrongfully, out Of the funds of
The estate to purchase Mrs. Mont
gomery's dover, which was being
sold as subsequently acquired
property" An order for $500 90
monthly family allowance had
been ! made but nothing paid on it.
At another point Gilbert says
/ In this petition, "that claims have
been filed in said estate amount
ing to $169.914.63. 40 r. 1. This
statement is insufficient because
he does not say how much. if any,
of these have been paid. This in
sufficiencv appears on the face Of
the proceedings. or course, the
court will remember that also. the
Bank of Dillon had been Maid in
April. 1920. notes Of $25, 900 90
and interest. That would vitiate
on the ground Of fraud and per-
haps not qo to the sufficiencv or
its face Of the petition At the
same point in the record, 40 r. 8
Gilbert Gays as a ground for sell
ing real estate that a family al
lowance Of $4,000 per month has
heen paid out to (sic) executor Of
the said deceased since the death
Of said William MONTGOMERY
Executor" might mean widow. II
so, the statement is false. Moth
ing had been paid on family al
lowance. What was paid under
that name was really the pur-
chase price Of the dover, but Il
the statement is not a misprint
and the word executor" is cor
rectly used instead Of widow,
then Of course, the statement i
true. Far more than $400 a month
had been paid to the executor bu
a recital of payment Of family
allowance to him, the executor
: would defeat jurisdiction.
The conclusive statement in tn
petition to sell against its givini
Jurisdiction or giving validity !
a statement in the petition, 49 r
lis tthat pursuant to the author
itv granted in said will YOUR pc
titioner has borrowed larg
amounts Of money to finance tn
operation Of the said estate" TIL
will gave Gilbert no power as eH
: ecutor TO borrow any amount Q
money TO- finance the operation
!, Of the estate. The only sugges
l ton Of borrowing money as e.
ecutor In the will is TO pay Mont
gomery's debts. To ali purchaser
here was notice that Gilbert ha
disobeyed the law on a larg
scale.
The dover interest was set !;
that time as being owned by II
estate. 30 that the figures of Il
appraisement for the purpose
making this sale are the gros
S19f.162.TI and the dummy biz
added together were only 1924
far below 90 per cent Of the p
praisement. This too. was motto
OF record to everybody purchasir
or Numbering this land. att
such a sale that the title was ba
CONTINUED next weekl