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Mr. Gruner Was Offered A Bond

Mr. Gruner Was Offered A Bond image
Parent Issue
Day
29
Month
December
Year
1899
Copyright
Public Domain
OCR Text

The fight over the Ellis estate is becoming fiercer and fiercer. The estate is valtied at something over $200,000. Mr. Gruner and Mrs Ellis are executors, but Mr. Gruner has had control of the funds. Mrs. Ellis is entitied to one-third and the remaining two-thirds is to go to the sons Hudson and Bert Ellis. By the terms of the will, each was to get one-half of their share as soon as he became 25 years of age, and the balance when they reached 30 years of age. No settlement has ben made with Hudson Ellis, although he is over 30 years of age and, as was stated in last night's Argus, Bert Ellis has demanded that portion which is his on his attaining the age of 30 years.

Some few months ago Executor Gruner filed his annual report and the heirs objected to it, claiming that there was a shrinkage of over $30,000. Mr. Gruner claims that if any such fact exists, it was due to the mismanagement of Myron French, of West Branch, who was entrusted with some funds by consent of the heirs.

The heirs, however, seek to hold Mr. Gruner for the amount.

Today was the day set for hearing the objections to the annual account.

Attorneys Lawrence & Butterfield asked for a continuance until Feb. 2, on the ground that they could not get Mr. French's testimony, he having been charged with obtaining money under false pretenses at West Branch and subpoenaing him to come here wonld be impossible.

Attorneys Brown, Babbitt and Abbott argued strenuously to have the hearing set for the middle of January.

"This case has been dragging along for six months," said Mr. Brown, and we want to get it disposed of."

Mr. Butterfield - Mr. Gruner is just as anxious as anybody else to have it tried.

Mr. Brown - These young men want heir money.

Mr. Butterfield - They are not suferring. I guess.

Mr. Brown - No, but the money is heirs - it is not Mr. Gruner's. We offered yesterday to give a bond to Mr. Gruner and which would be signed by all the heirs which would relieve him of all responsibility of any money he would turn over to us. We want the property. It is ours.

Mr. Butterfield - One-half of the property is under the control now of Mrs. Ellis.

Mr. Brown - That's false - every word of it. Mrs. Ellis has not got one dollar of it in her hands.

Mr. Butterfield - Well, it's as true a statement as you have made.

Judge Newkirk finally told the attorneys that they must get their testimony ready and commence the trial on Jan. 2 and that it would take an extraordinary good excuse to cause another adjournment.

It is estimated that the trial will take two weeks in the probate court, and whichever side loses will carry it to the circuit court and from there to the supreme court.