Estate of Ford
Opinion
lead Opinion
Coffey, J.
This is practically a motion of the late administrator to disclaim what he has done as an administrator, and yet hold, under a power of attorney, what money he has collected by virtue of such administratorship. His final account, as settled by this court, shows that he has collected for this estate the following:
This account also shows that this administrator had charged against this fund the expenses of this administration, including a large attorney’s fee and his own fees.
*343 On February 1, 1886, over a year before the filing of this account, this court made an order authorizing this administrator to compromise a claim of this estate against the estate of Tully R. Wise, deceased. This order was based upon a petition of this administrator, wherein he made the following statement:
It will be noticed that this deed, dated July 22, 1880, now offered in evidence to support the present theory of this administration, viz., that this property, or its value, does not belong to this estate, was known to this administrator when he was claiming that this property, or its value, did belong to this estate. It was the item of $700, received from John H. Wise, in the final account, that…