The producers news. [volume] (Plentywood, Mont.) 1918-1937, 1936-08-28

ed to have been made by Gilbert
acting as executor. This is eXhl-
bit "H" to the complaint, II X.
ct seq.
On pages &c and 68 of the Re-
cord, two instruments are marked
on the top, Exhibit GA" and 'B".
These are State Court markin s
and are the false returns of dunn
my bids which Gilbert falsely re-
presented that he had received for
the lands of the estate; one for
$34,585.2O, the fictitious bid of de-
PENDANT dummy, G. M. Clemow,
the other, the fictitious bid of &c.,
395.2O of the defendant dummy,
Alfred N. Peterson.
The complaint proceeds that on
May 18th, 1924 Az years after
his appointment Gilbert filed d
first account and caused the same
to be heard on May 24h, 1924, and
an order was then made settling
the first account, Exhibit 81" to
the complaint. 78 R. 1.
That Gilbert's final account was
filed February 10Th, 1926, and
settled February %, 1926, ID R.
II.
It is alleged IA R. % to 10 R.
Is, that the petition to sell real
estate, AZ R. 1 ct sea-, is insult
ficient to constitute such petition
in law and in fact. Details of
this insufficiency in law are alleg-
ed to be (a) Gilbert was never
legally appointed executor; (b)
the life insurance $40,00O.OO, re-
ceived by Gilbert was sufficient to
pay all debts. (c) The personal
property was sufficient to pay all
debts. (d) That the petition fail
ed to set forth the amount of per-
sonal property coming into Gil
bert's hands or the value, char
acter or condition thereof; (e)
fails to show what disposition he
had made of personal property;
(f) fails to show how much per-
sonal property remained, Is R;
(g) fails to show the amount due
upon family allowance; (h) and
does not give a description of the
real property, or the condition or
value thereof; (D it does not show
whether the land was improved or
unimproved, productive or vacant,
16 r. CD The said petition did
not inform the court of the debts,
expenses and charges of admins
tration allowed, II r. II.
That the said Gilbert and the
Bank of Dillon during the pre-
tended administration and before
the petition to sell real estate was
filed, converted of the funds of
said esate to their own use wrong
fully, and took therefrom, for no
consideration, the sum Of $62, ZOO
90. Is r. 16. The amendment to
the complaint averred this amount
to be $685., 749.O0. 80 r. II. That
Gilbert without authority from
court to incur any obligation for
moneys borrowed, did execute and
deliver to the Bank of Dillon, notes
of the estate promising to pay
various amounts aggregating in
all $62,700.00, and other pretend
ed debentures, to plaintiff un-
known, and that said Gilbert pre-
tended and alleged to the couri
that all of the said obligations
were binding and legal debts Of
the estate and by means of sucI
false statements there appeared tx
the court necessity to sell rea
estate when none, in fact existed
10 r. 1 ct seq. The complain
alleges that there never was am
necessity for Gilbert's selling rea
estate. 10 r. 20.
The complaint alleges that AL
fred N. Peterson submitted to Gil
bert a pretended bid for a portion
of the lands described. R. 20
, That George M. Clemow submitte'
! to Gilbert a pretended bid for tn
: remaining lands of the estate. q
r. 10. That neither the sal,
: Peterson Or Clemow ever mad
}, any payment to the said estat
nor to the said Gilbert on accoun
, of such pretended sales but tina
!. such sales were pretended to b
made in order that title to sal
land would apepar to have passe
from the estate and from tn
plaintiff to some person not in
terested in said estate and i
q order that the defendant bank q
Dillon could assume actual owner
n ship and possession of the sal
\ lands. That after the DistriC
+ Court order Of confirmation.
! deed was executed by Gilbert pre-