Preston and Others v. George W. Coons, Administrator of the Estate of Milton Duty, et al.
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administrator in MississippiMississippi in his securities
that he has acted under the direction of the
judge of the St. LouisSt Louis Probate Court
and in all respects obeyed his orders
and advice in relation to the matter,
this defendant admits that he has been
ordered to pay 31 cents an the dollar on all claims
in the sixth class, but says that more than
twenty five hundred and 90/100 dollars would still
be due by the addition of the amount of
interest due from the allowance upon
each claim in the 7th class - due also
it is that the debts of the sixth class amount
only to nineteen hundred and eighty
six 47/100 dollars excluding interest
but will amounts to more than that
sum including interest due thereon
so that a greater amount than forty four
hundred and ninety two 33/100 is due
by the amount of interest an each claim
from the time of its allowance - and the
assets in the hands of this defendant exclusive of the
complainants are not sufficient to pay the amount
still due to the creditors of said estate. And this defendant
further answering states that in his last annual
settlement of the December term of the Probate CourtA.D.1845, which he avers to be a true statement of
his account as administrator, he is charged with
notes uncollected amounting to the sum of four thousand
two hundred and seven 07/100 dollars, and with cash to the
amount of Seven hundred and ninety three 40/100 dollars
in rating the nominal amount of assets now in his
hands of cash & uncollected notes, exclusive of the

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complainants, five thousand 40/100 Dollars - and this
defendant further states that owing to the insolvency
of the movers and endorsers of many of said notes
a large portion of said amount will never be collected
and according to the best of his knowledge and belief
at least Thirty three percent of the
amount of said notes cannot ever he collected,
and that he has no expectation of
ever realizing any thing from the administrator
in the State of MississippiMississippi, nor from the notes delivered
by order the Probate Court to said administrator,
this defendant further states that the amount of claims
allowed and still due from said estate including principal
and interest is now about five thousand and nine
hundred dollars, to which is also be added
the sum of five hundred dollars, being the sum bequeathed
by the will of said Duty to Joel L. Anderson, making
the sum of Six thousand four hundred dollars.
His complainant further answering the several interrorg
atories in said supplemental bill, which have not herein
before been fully and particularly answered, says, that
the said claims of RobertRobert Strong and Haywood
Boyette were exhibited and allowed in the Probate
Court more than three years after, letters of admin
istration upon the estate of said Duty were first granted
to him, but within three years to the best of his knowledge
and belief after the first grant of letters was revoked,
and the second grant of letters of administration
with the will of said Duty annexed, by virtue of which
last grant this defendant is now acting as administrator.
And this further states that he has made
no efforts to enforce any liabilities of the
administratators in MississippiMississippi or their Securities.