The Estate Is Wiped Out

THE ESTATE IS WIPED OUT

And Nothing Left for the Creditors of

SAMUEL P. BRAY

Judge Kinne Decides that Mortgage Was Valid and that There is No Relief for Claimants

Judge Kinne has rendered his decision in the case of George Palmer, administrator of the estate of Samuel P. Bray, deceased, complainant, versus Clarence E. Bray, Bert H. Bray, et al., defendants.

He says: Undoubtedly valid and honest claims exist against the estate of Samuel P. Bray, deceased, and many of these claims consist of money loaned to him by friends and neighbors, and it is unjust that these claims must be lost. But under the evidence in this case I can find no relief for these creditors.

The mortgage of Betsy Doolittle was clearly an honest one, and called for no more money than was justly due her. Its foreclosure swept the property. If any excess existed between the amount of the mortgage lien and the value of the land it was not large and would only cover a small portion of the homestead right of Mr. Bray, which he could convey to whomsoever he pleased.

I think the bill of complainant must be dismissed, but under the circumstances without cost.

It will be remembered that those holding claims against Samuel P. Bray caused an administrator to be appointed in order to have these claims adjudicated. George Palmer was appointed administrator and commenced suit to enforce the claims against the estate, with the result indicated in the above decision.

It appears from the evidence that Betsy Doolittle, sister-in-law of Mr. Bray, loaned Mr. Bray the money with which the farm owned by Mr. Bray was bought, excepting a few hundred dollars. The parties, it appears, came to Michigan from the state of New York. In the village where they lived the sister-in-law loaned Bray the money with which to buy a home. This later was sold and a small farm purchased. Later this farm was sold and the parties came to Michigan and purchased a farm in Pittsfield, Betsy Doolittle furnishing most of the money and taking a mortgage. None of the principal and not all of the interest had been paid and hence the foreclosure.

In satisfying the mortgage practically all the estate was consumed.