No fault has hitherto been found with the executorship, save in the demand of Samuel Beebe for the cows. Yet the executor is well aware of the irregular claims pending, and by his father’s request will be held from making appeal to the court against any unjust action which Samuel Beebe may take in this matter.
At this crisis, Captain James comes to the rescue, evidently by aid and advice of his son James, the young lawyer. A method is devised by which the irregular claims may be thwarted and, at the same time, the testator’s request in regard to legal proceedings on the part of any of his children be respected.
The first indication of the above intention is found in June of this year, when Captain James makes over to his son James all interest which he himself has in “all the moveable estate” left by his father.
The next step is for James, Jr., to enter complaint (July 13) at the Probate Court that the settlement of the residue (“moveables”) of his grandfather’s estate—after the death of the widow—has not been attended to by “the formality of the law.” Being himself interested in the estate, he desires that “such methods may be taken _as the law directs_.” The court, upon consideration of this enigma, finds that the estate was to be settled not by legal form, but by agreement among the children to John’s executorship, as approved by the General Court. The Probate Court, therefore, declines to meddle in the matter.
James, Jr., now enters complaint, at the Superior Court, that John Rogers and Bathsheba Fox, administrators on the estate of James Rogers,
“have not administered thereon according to the order of the law, and have not ever yet made and exhibited in the Court of Probates, and recorded there, any inventory of said estate; but dispose thereof at their own will and pleasure without giving account.”
The manner of administration of John and Bathsheba regarding the movables and lack of exhibition of any inventory of same to the court, have been in entire accordance with the direction of the testator. Moreover, had James Rogers, Jr., held to the mode of division directed in the codicil, his share would be much larger than by the method now being sought. An ulterior motive is evident from the start. The court undoubtedly understands the full meaning of this outwardly peculiar procedure on the part of James, Jr.