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ADMINISTRATION OF A RHUDDLAN…

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ADMINISTRATION OF A RHUDDLAN WIDOW'S ESTATE CLAIM BY A RHYL FIRM. APPLICATION FOR APPOINTMENT OF RECEIVER. Fridav, at trio Rhjl County Court, an action was Lrough! against Captain T. R. Jones, o4 Cwybr Bach, Rhuddlan, as to JB175 16s lOd uJieged to be due from the estate of his deceased mcther to the legal representatives of his le- c&ased prother." the Jaw Mr 1'. Llewelyn JoJies and Mr Cnarlofl W. Jones, timber merchants, Rtiyl. Thire wa* also an application to make absolute an order tor the appointment of a r&- cuivor to ad mi,mster the estate left by the moaner, the lare Airs Eleanor Jones, of tjwjbr Baen. Mr Aj'temus Jones (instructed by Mep Bromley Jozies and Co.) appealed for tHe pløn- tili's, and Mr E. A. Crabbe represented the .e- fondant. Counsel stated that the action was brought by the hrm of Messrs Charles Jonee and Son, tim- ber merchants, Rhyl, and was in respect of tJe estate of Mrs Eleanor Jones, who "died on Oci)- ber 1st last. Letters of administration W(8 granted to the defendant on October 18th, oP of his bondsmen being his nepnew, Mr iiogr Jones, who was manager of the plaintins iiri sinoe the death .of Mr iJew. and Mr Cuarles V Jonee. Mr Crabbe said his point was that the esW did not owe the firm of Messrs Charles Jojrf and Son anything, and so they could not > creditors. If there were any persons creditoi they were the legal representatives of the d ceased brothers. Counsel replied that the business was carri, on by the legal representatives of the decease brothers, and the trustees had to take action. would be remembered that it was an admin tra.tive action, and that on November 20th ti Judge appointed Mr Roger Jones as Inters Receiver, and directed defendant to hand o\ all money and documents in his possession as a ministrator, but he had not done so. In 18, the late Mr Charle; Jonee (founder of the plai firm, who was husbajid of Mrs EJfoan Jones and father of the defendant, and the I., Mr Llew. and Mr Charles W. Jones) retir from the timber merchants' business, and handt it over to his sons, Llewellyn and Charles Jones, who m turn executed a bond securing the father and mother an annuity of £300, < gether with tlv3 payment t.wo years (after tf death of th surviving parent the sum of £2Q to his or her legal representatives. In 1889 t. father died, and his daughter (Mrs Gratto was appointed sole ox*;cutrix. 1 he £2000 was turn divided into four portions of £500 each one portion going to each of three daughter and the other was left in trust for the d lendant's children. Mn; Eleanor Jones, ti mother, continued to reced/e JB75 per quarte but an arrangement was eventually come to 1 which the Lrm of Messrs Charles Jones and S< should keep the money, a.n J as the rent of tl farm became due and tradesmen's bills again the mother were presented, they paid them, t gother with rwages, and also gave the <pioth what llnney eho wanted. Sometimes the cou.nt was cverdrav«'n, but it was very sm until the defendant went to live at the farm wi his mother. He earned no money, and all had was from the farm. The overdrawing w: no doubt, a family arrangement, and had t members of the firm lived matters might ha been arranged; but in June, 1905, Mr Llewell- Jones (who was a prominent public man) di suddenly, and his interest in the firm of Mes: Charles Jones and Son was vested in trust Wj trustees for the widow and children. In Jur 1906, the other brother, M Charles W. Joni also died, and his interest was vested in 1 widow. On the death of the mother the ov< draft with the firm was over £200; and up that time it had been treated as a family matt but on the death of the brothers the trustl bad iO treat it on a dillerent footing* Mes Bromley Jones and Co. arranged with the motf that she should payoff the overdraft by a duct-ion of jE50 per annum from the annuity be paid bv the firm, Mr Crabbe: Have you anything in wntmg that effect? Counsel: No, but I have evidence, and defendant himself agreed to it. Continuing,3 said that the mother died in October, fore that. arrangement could be carried out, there was then an overdraft of £170, and which the firm we<re now creditors against estate. The real point at issue that day the making of the order as to an Interim ceiver absolute, as the deiendant's conduct 8: he had bem administrator was, it was allef such that made it necessary, to have someone in charge of the affairs in the interests of creditors. The estata: of the mother had t sworn at £,1,11, but since the beginning of 0 fcer defendant had sold one-third of the proy and stock of the farm, and M far as could b6 cc I tain-ad i ad not discharged any of the ha ties. The Registrar had ordered discover. documents they had failed to find thale defendant had a banking account, but hed mitted that he had used the money. Mr Pr Jones the nephew (who was defendant's liB man, as w.-11 as the Interim Receiver), hade to ihe farm to make in inventory, and wat first refusi'l admittance by the defendant* after Mrs Oration intervened he allowed ° take a certain list. The liabilities of thcte Mrs Eleanor Jonee were believed to be 12, and as the estate was sworn at £311 it woi 'P' pear that it was insolvent, yet the defendaacl disposed of .£11.° "wortn, and had not pa-iny liabilities,which included JB131 rent. £175 due to the firm of Messrs Charles JonfJ1" Son, and £59. 19s to Dr. Henry Lloyd. he plaintiffs felt it necessary to wind up theite a.nd sent for the defendant, but instead ¡ee- ing the plaintiffs' solicitors he went off suited his own solicitor. Tha position of Urs WM such that the landlord could at fo- ment step in, and if that claim was there could not be much left for the oth"Bdl- tors seeing the way the defendant had of one-third of the assets. A Receiver contended, was absolutely necessary for pro- t-ection of all: Mr Roger Jones, having given evicl. of going to the farm for the inventory at first refused by the defendant, prodt" the firm's ledger showing that the late M rs ^IK>^ Jones had overdrawn the account to th- ent °^Iteplying to Mr Crabbe, he said he: "° 'knowledge of any arrangement made- tne ff Mr Uewellyn and Mr Cbarle, W. » which t>iev took their mother's annuity all bills as well as rent, a.nd gave her aoJley she required. Un or, Mr Crabbe contended that they '8 further than the accounts showed. He that Mrs Eleanor Jones was the residi lega- tee, and that every thing that was If0 11 er had to be taken into account. Counsel said that the father left which was the amount the mother let death. If Mr Crabbe wanted anyt to the father's estate, he would have to I Gratton, who was the sole executrix. Mr Crabbe: Mrs Gratton is a moppet, and figurehead; she knows nothing aht. Counsel: That is not true. Mr Crabbe: She has said so herscl Counsel vaid that the trustees had t-e„the matter in nand; it was no longer a faartai? Mr Crabbe said it. was a. matter bility to go into the whole thing thftY, t was true he had acoees to certain tx»utu would take week, to ?et at the botpf the Hccot-nts, and the request for a Reoer, u«- reasonablo, the whole action being i oon ceived Th? defen-lant had had to ierta"J SinS' to keep the place going, and would produce receipts for payments at tproper A MATTER OF PRINCIP The Judge said he would decide matter not on accounts, but on principle. Mr Bromley, solicitor, caid he ha inter- view ivith ihe mother at the reside« jWrs Charles W Jones, Penycoed, and ««^d that £ r should go from the annu? cie>ar off the overdraft dlC to the firm. ,not Vant to be harsh, nor did the fam^ the trustees were bound to aot in a Defendant was ako seen on the ma wa^ explained to him. All he seeiP want was more money" (laughter). j By thje Judge: Siw realised wh^ to the firm, amd she blamed tlie de asked for an interview w'heal be Prc" 86 By Mr Crabbe The old lady V5 Je"is oi aGO. and clearly understood mati Mr W. Cooxwy Bell said the nit1 estate owed the Bodrhyddain Estate £131.t;t the tin of the late Mr Lleweliyn J^ firm and the Bodrhyddan Estate, had lLp once a vear, as the estate had1 maii.'?b the firm. He had w:ritten to the ■'dant a p-rivate Letter when ho beard he v*m<>v ing- oings from the farm telling Eim not do so, and then he sent his cierk cto take an inventory of wlhiat was on the ■ By the Judge: I would not to have tihe defendant continue as l,r'dma.ry tenant- THE DEFENCE. Mr Crabbe, for the dofend'-ant, f,t.e.d thai there had been undue haste, and Fstioned whether Mr Bromley would have ianyone to teike out a sunrmOtns againist orhis cli- ents for administration with but t honors' notice to discuss matters and witliil weeks of the death of the deceased p whose estate was being dealt with- 1}30 suib- miitted' that the two sons, who wei1 men, treated the overdraft as a sum their motheT, and they' acted really as !lrike,re, keeping lie £ 300 and endeavouring*1^ heir ex [KMISCB to that sunt It was real^ over- paid annuity, and could not be red ae. a debt due under ordinary cdrcyms1 Had the two sons lived no one woukfr have heard a word about the overdraft. Defendant WiaØ oaLLed, and said be was a sea oaptaiin, and had been in the Cunaxd service until his eye sight failed- He then returned home, and kept ithe farm going for his mot-heir. He had to sell produce and other things on his mobhetr's death as his nephews refused to srive him any money, and he had to keep the place going. He could account for all the money he had spent, but he oonitendbd that be had pro- perty of his owm wihioh did not belong to the estate. He was surprised to be told that the overdraft was £70, a few weeks before his death fhis brother Charles tlold him it was only J360. and that the rent watJ paid up. He felt there had been some arrangement as to paying the renit with the estate, as Mr Bell had ad- mitted there was am annual settling up. Ho had1 reftused to allow Mr X-oger Jcnets aind rnienibers of his family to go till/rough his ffijothor's rooms. In cross^examinatioin by counsel, defendian>t said ihe did not keep a ba book He had sold about JB74 worth of stock and pirodiioe, and that amount -went in expenditure on the farm- He had peahaps spenit Z5 or R6 cin himself. He did not- go to see Mr RromJey when asked1, as be was advised to go to another lawyer. He denied that Mr BromJey had told him tihat his mother had agreed to the payment, of JB50 per annum. While his nephews bad refused to give nim money, he had had three Brums amounting to JS7 10(5 from the firm. Counsel submitted1 that his case had been made out. The defendant had kft out the one thing ho should ihave done in defending that action. Defendant was asked to account for what he had spent, and yet he said he had left the receipts at rome. He sthowLcj! have clea.red himself by producing the receipts- The Judge said be considered it a casewiheire the estate should be administered by the court. "'nl The defendant had adnutted that he had no hankimg account, and1 that out of an estate of £ 300 with liability of over L400 he had realised about £ 80, and yet produced no receipts to show what he had done with the money. He would appoint, a receiver to take charge of the affaire, and if there was not enough to pay everyone in full then they would have to be paid in proportion to their claims- He did not say he would allow the E175 to the plaintiff's firm, but whon an account was prepared' he wouild dieal with the matter. Ae regards costs there was nothing to ehow that the do ondant ini-properly became administrator, and eo he Was entitled to have his costs paid out of the estate. The costs genecrally would come out of the estate. Mr Ora-bfco submitted that inasmuch as Mr Roger Jones was in the employ of tihe plain- tiffs. he should not be receiver. The Judge then appointed Mr Norris, chief clerk to the court, as receiver.

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