The Executor Who Tore Down the House

A legal controversy that had its beginning last May when P. B. Dowding, as executor of the estate of Catherine Dowding deceased, was, on application of M. Flohr, guardian of Ellen Rorke, insane, cited by the judge of the superior court to account for the management of the affairs of the said ward, had an abrupt ending yesterday. Responsive to the citation the executor filed an account showing the ward to be indebted to him in the sum of $1779.50. Two supplemental and amendatory accounts were filed in the case. The matter after being twice argued was finally submitted to the court. It was claimed by the executor that there was due him $1950.50; on the other hand the guardian contended that nothing was due Mr. Dowding, but that his ward was entitled to receive $622.98 for revenue and receipts of her property unaccounted for. The court on October 5 ruled that the executor should forthwith vacate the lands of the ward and allowed him $71.12 to pay the costs. A petition was then filed by the executor asking that he be allowed to show that certain expenditures for repairs that had been disallowed by the court in the account were in reality sums paid for the actual construction of new buildings and that he be allowed to remove the same. This petition was set for hearing yesterday. When the case was called it was disclosed that Mr. Dowding between the time of the application and the time set for the hearing had removed all the buildings from the ward's land, and his attorney moved for a dismissal of the petition. The motion was resisted by the guardian, who asked that the value of the property removed be assessed and charged to the executor. The judge held that the matter had gone beyond the jurisdiction of the probate branch of the court and that the guardian would be compelled to resort to an action for trespass.