Inclosure No. 1 has so far not elicited a reply from Mr. Geldart. My
stand in this case is on the assumption that if a consular court has
probate
[Page 390]
jurisdiction it
must also have probate powers, and that wherever possible the forms
of procedure most general in the United States should govern same,
and that the same restrictions and safeguards should hedge about an
estate here as would be operative in America.
The absolute lack of any records for this estate, except the bare
bond of Geldart for an extremely long time, gives grave cause for
the conclusion that it needs a careful auditing.
Inclosure No. 2 left here on Saturday last for Tananarivoo via
British consular mail. It has consequently not had time to reach Mr.
Waller. This letter was the result of a most careful reconsideration
of the matter. It is, in my opinion, the only way of legally getting
the Crockett money out of Waller’s hands, as it gives this consulate
the absolute jurisdiction over him in his administrative, etc.,
quality, and yet does not touch upon any of his consular acts, the
power to adjudicate which I am not as yet able, because I am not
adequately versed in the law touching thereon, to form a positive
opinion upon. It seems to me so far that if the Department desires
to proceed against him in any way in his consular capacity he would
have to be sent back to the United States for trial, etc.
[Inclosure 2 in No.
25.]
Mr. Wetter
to Mr. Waller.
Consulate of the United States,
Tamatave, March 29, 1894.
Sir: The records of this office show
that you appointed yourself administrator and guardian upon the
estate and children of W. F. Crockett, deceased, on the
application of a certain native woman, Renarovelo, dated October
25, 1892, at Antalaka, said application maintaining that said
woman was Crockett’s widow and the mother of his children.
Further than this fact there are no records here either as to
your administration of said estate and guardianship or of the
required semiannual returns thereof and thereon having been made
to the State Department at any time since your assumption, under
probate jurisdiction, of said administratorship in your consular
capacity, or since your above-mentioned “judiciary appointment,”
and this notwithstanding the fact that paragraph 634 of Consular
Regulations is most explicit, and even mandatory, in its
requirement thereof.
I shall not here attempt to consider or discuss any of the legal
issues, etc., that a close scrutiny of your anomalous position
toward this estate would readily disclose, but since you have
for the time being withdrawn this estate from under the more
distant supervision of the Department of State to the direct one
of this consulate, sitting in probate jurisdiction, I find
myself forced, after a careful consideration of all the premises
of the case, to request of you an immediate and complete return
to this consulate of said estate and of your administration
thereof in your dual capacities; and not only this, but also a
complete surrender and payment into this consular court, sitting
in probate, of any and all assets now in your hands, or that may
hereafter, or have at any time, come into your hands, or into
the hands of anyone else for you, belonging unto said estate,
together with all interest, profits due thereon, or received
therefrom.
Said return should embrace: The amount of the decedent’s estate,
both personal and real; the names of the parties interested; the
exact amount of money that has come into your hands in either of
your capacities, and how and whence derived; the amount of all
court and other fees paid; and if there has been any
distribution, your authority for such distribution, the amount
thereof, and to whom made.
Said return must be accompanied by the original vouchers,
executed in duplicate, for all moneys paid out, and by an
accurate copy of all receipts given for moneys by you received.
All receipts for moneys paid out ought, under the circumstances
of the case, to be witnessed by at least one person not a native
of this country.
Your past knowledge of the procedure in these matters must
accentuate to you the absolute necessity of your immediate
compliance in this matter, as also the fact that no appointee of
a consular court, sitting in probate jurisdiction, can be
relieved of the aforementioned requirement of paragraph 634,
Consular Regulations,
[Page 391]
and that a failure to make such returns, without taking into
consideration any other issue whatsoever, is in itself
sufficient grounds for the removal of any administrator,
guardian, or both.
I am, etc.,
N. B.—You will please note that under the law no distribution
of an estate can be made, whereof the heirs are any of them
in minority, without a due compliance with certain legal
forms and procedure.
