The Kempf-pistorius Case

The following decisión of the supremo court, and other docuraents in relation to the attack made upon F. Pistorius last week by the Argus and Democrat of this city, wlll explain themselves, and are given place In that gentleman's behalf: PISTORIUS' AI'PEAL. Case made from Washtenaw. Campbell Judge. Appell int, as exeoutor of Frederick Kempf, deceased, eontributed from the funds of the estáte $175 toward enabling the widow to erect a monument at the expense of fctOO. The ehildren by a former marriage, who are reslduary legatees, opposed thls allowanee when the executor'a account came up for settlement, and the Probate Court threw out thls item. TheCircuitCourtallowedSlOO.but 110 more. Tüe executor now appeals to this court. We thlnk there can be no questl" of the proprlety of allo win g the boni payment by an executor for such n monumental is suitable to theconriuioü of the estateanddesired by the uidow. A large part of the cominunity look upon such mcmorials ai flt and proper, and they are, within properlimtts, as suitable as funeral expenses, and much more suitable than much of the funeral pomp ou which money is freely expended. Ifa tombstone is put up, there is no reason why it should not be us neat and decent as the estáte fairly warrants; and in thepresent case, being done by the desire of the widow, and not at all beyond themeansof the eslate, the whole claim should have been allowed. " It is now ordered that the case be certlned back to said Circuit Court, wlth directions to allow in fnll, the item for a monument, as presented by said exeoutor to the Probate Court. And it is further ordered, that said executor recover bis costs of these proceedings of and from Fredrick Kempf, (eorge Kempf, Charles Kempf, and Mrs. Julia Kapp, the appellees hercin, and that he oave exccutiou thorefore. Certitiec!, [seal.J CHARLES C. HOPKINS, Clerk. Frederiek Pistorius, of the City of Ann Arbor, Washtenaw County, belngduly sworn deposes and says, that he was one of the executors of the last will and testament of Frederick Kempf, Sr.. late of Northfield, in said Connty, deceased. That on May 29, 1884, he settlPd wlth the reslduary legalees, Frederiek Kempf, Jr., Charles Kempf, George Kempf, and Julia Kapp, nee Kempf, represented by Christinn Kapp, her hustiand, in full. The business was transacted in the office ofHon. Kdward T. Klnne, in said City, who, wlth F.zra li. Norris, of Manchester, represented said residuary legatees as their attorneys. That in looking over the account of this deponent, t was found that $24.66 which he had collected of Thomas Matthews, a buteher in said City, had unfortunately been omitted to be credited to said estáte; this error was corrected from the original book entries, whicli had been vohiDtarily furnished said attorneys by this deponent. That this was the only error discovered in deponents account wliicli covers the disposition of nine thousand dollars, and deponent avers that tliis item was especially well known to said residuary legatees. Thatno threats of criminal proseeution had to be made, nor were any made. that nothiiiK was said or thonght, as far as this deponent could discern, imputing dishonest intentions to him. That the omission of this item of S2-1.56 was a bona-íide error, which was corrected anti adjusted as soon as discovered. KKKDEHICK PKTORIUR. Subscribed and sworn to before me, this 2(lth day of October, 18S4. - ISEAU] J. A. ROBISON, Dept. Co. Clerk. My friend, Mr. Pistorius, bas handed me the foregoing altidavit for my approval. 1 prefer not to mingle in this political newspaper controversy, but it is assuredly due to Mr. Pistorius that I should say that while I ditt'er with him in some matters thatarose in the Kempf estáte, I never saw anything on bis part either in bis management of thls estáte or in any other matter, that was not strictly honest. The mistake alluded to in bis anidavit was undoubtedly mere inadvertence, and as soon as he was convlnced of lts existence he at once corrected it. K. 1). KIXNE. October 21, 1884. A very good lawn tennis ground has been fitted up on the vacant lot corner of N. Ingalls and Bowery sts.