The producers news. [volume] (Plentywood, Mont.) 1918-1937, 1936-09-11

Gilbert. during the trial and vas
said by him to be the property OF
the Bank of Dillon, "held for the
benefit Of the heirs and creditors
of Montgomery"
Exhibit 10, S43 r. /, ct seq, ls
a deed dated Oct. 15, 1925, from
George NJ. Clemow and wife,
parties of the first part and no
party of the second part filled in.
Between these two deeds, all of
the plaintiffs land is embraced.
This deed also was said by Gilbert
to be held by the Bank of Dillon
under the same trust agreement.
Nothing appears on the face Of
either deed to indicate or suggest
any trust Of any kind.
Exhibit IS is a check, Of date,
February 18th, 1920, 342 r. 1,
drawn on the Bank of Dillon and
numbered --, payable to G.
L. Livestock Company or bearer
Eighteen Thousand Four Hundred
Seventy-seven and 74-100 Dollars.
Signed VIM. Montgomery Estate,
J. H. Gilbert, executor, stamped
first National Bank, paid Feb. %,
1920, paying teller, Dillon, Mon
tana, Endorsement, c. L. Live
stock Co. Bruce J. Metlen, en-
dorsement, pay to the order of any
bank, banker or trust company all
prior endorsements guaranteed,
Feb. %, 1920, State Bank of Dill
lon, w. A. Graeter, Cashier. The
books of the First National Bank
of Dillon show that this check was
paid on Feb. 18th, 1920, and the
amount Subtracted from the ac-
account of William Montgomery
Estate in the Bank. No mention
of this check is ever made in any
account filed in the probate court
by Gilbert. Bruce ]. Metlen is
not called as a witness in the pres
ent trial nor is he in the evidence
reported dead or outside of the
jurisdiction Of the court.
Gilbert's first account is exhibit
16. 281 r. to 339 r. 20, filed
May 18th, 1924, four and one-half
years after Gilbert qualified, or
claims to have qualified, and may
be searched in vain for any item
remotely corresponding with this
check. Gilbert's first account on
page 338 of the record has a
statement of stock purchased
This statement is equally barren
Of any corresponding item. The
CoV,oo avsAsniCV,no n~o &VsaVa nF HE
final account found $50 r. l to
544 r. Is and filed February 9Th,
1926. The transaction was theft.
Steers" is on its face in ink.
This check was sporadic, unnum-
bered. Except q few counter
slips, all other checks seem to be
numbered.
Mr.. Fennimore, accountant, hir-
ed by and witness for defendants,
says that he checked the books of
G. L. Livestock Co. and found this
item also there. No cause for
amazement in that. No such
bunch of cattle is listed in "stock
purchased" in Gilbert's list OF
stock purchased for Montgomery's
Estate. 338 r. in his accounts.
Neither Fennimore nor anyone else
checked the tracks Of these cattle
Gilbert Brothers were also in the
livestock business on ranches in
the other end of this large coun-
ty. The Bank of Dillon is liable
for this theft. Gilbert was Their
its cashier 75S r. Ia.
(The Justices of the Court are
more familiar with statute law and
decisions of California than Of
Montana. AS a working hypothe
sis in reading this evidence before
the argument, we suggest: oul
statutes in probate are usually
copies Of those of California; oul
Supreme Court has usually beer
as stern as, or sterneI than, thai
Of California in holding represent
atives of estates to legal diligenc,
and utmost good faith.)
For instance, an executor must
by statute, file an account ever
six months. Gilbert's first accom-
is led May 18th, 1924-about
years and 5 months after he be
came executor de son tort, 339 R
2. 1t begins, exhibit 10, 281 r. 4
it lists Expenditures: Total Elk
penses Oct. 1919 to Dec. 81, 1872;
.-$321 $780," An addition of tn
items actually in the account a
the items actually in the accoun
Of the expenses shows a total O
$2S7, 224.90. The court need be a
no trouble to actually make th,
| addition Mr. Ennni,,nnro nn,..ol.