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Show JUDGE ABEE WRITES OPINION IN THE I HIGHER COURT I In the matter of the estate of Mar en C. Hansen, the Judgment of the Third district court in Salt Lake rounty is reversed hy the Supreme Court In an opinion b Pistrirt Judge Alfred W Agee, who sat in place ol Justice Weber We-ber who wns disqualified, having been one of the counsel in thr- lower court The proceeding was instituted against Henry Hansen, the surviving husband of the deceased and administrator of her estate, by one of his daughters,, to compel him to account for certain j canal stock and a note which she claimed belonged to the estate, and to! compel him to pay rent for many years. That he and his family had occupied the homestead the title to which was in his wife's name at the time of her, death. The district court rendered a judg-; nient requiring Hansen to account for the canal stock and the. note, and for the rent of the homesteaa for all the vears he had occupied it after Ins wife's death, and adjudged the daughter daugh-ter to be entitled to two fifteenths of the whole. It refused to allow Hansen Han-sen any credit for expenses of the last sickness of ihe deceased, or funeral expenses, or for taxes paid by him on the real estate or for improvements, or repairs thereon In concluding the op nlon, Judge Agee says: "If the Judgment of the trial court Is allowed to stand, the respondent, without any expense whatever to her H or to the estate, in the rare and im provement of the proper, v. or the payment pay-ment of taxes, would receive irom the estate approximately four limes 'to-H 'to-H value of the real estate at the time H of the dealb of her mother, and also H j her distributive share o.' the real es-H es-H t; i.ite in its greatly improved condition r nd enhanced value, as well as her i iittnbutiv e share of the 24 share! of H - j stock, while appellant, in his declining declin-ing years would be torn irom the homo Jji , j he has established and Improved by i quarter of a century of toll, pennl-less. pennl-less. We cannot give our approval to a rule of law which would result in; a judgment so harsh.'' oo -7 |