Daily globe., 1879-04-25

lead, owned the property on the Bristol
turnpike. In that year she made q trust
Iced of it to her father in trust for the joint
benefit of herself and her brother, William
aollinshead. She provided that her interest
should be free from the control of any hus-
oand she might take, and her brothers in
;erest free from his debts or engagements.
While the father was holding the property
under this trust Sarah married Robert
Whitaker and William Hollinshead married
Mary Holmes.
William is said to have been at this time
man of improvident habits. He owed debts
to $4,000. and to e1tricate him
from these, as is alleged, and without the |
of Sarah, he and his father and
Whitaker, his sisters husband, formed a
plan to break the trust temporarily. The
father conveyed the property absolutely to a
certain William T.. Banning. On the day
after the execution of this deed Banning
mortgaged the property to Joseph Swift alb
solutely for $4,000. This money was handed
over to William and went towards the pay
ment of his debts, according to the plan. To
get the property back into trust again Ban
ming reconveyed it to Edmund, the father,
upon the same trusts as he originally held
it and subject to the $4,000 mortgage.
Robert Whitaker, it is averred, from the
time he married Sarah Hollinshead acted az
a kind of agent for his wife and her brother,
and managed the property. Before the mort
gage had been created he loaned William
SO, 900, and to collect this he advised the ar
rangement, promising that he would in due
time relieve the property of the incum-
brances and restore it to trust estate. He
agreed to buy the outstanding $4,000 mort
gage and foreclose it, buying the property in
himself, and holding it as security for his
own debt and as trustee for his wife and her
brother William. Accordingly he bought
the mortgage. Edmund, the father and
trustee, died in l849, and William was ap-
pointed his administrator in 1850. The mar
ratiye then runs back to time previous to
and fixes the absolute ownership in Edmund
Hollinshead, her father. There were
two claims against him, and after
his death the creditors got judgments.
just little before this time William went to
Minnesota, leaving the property in charge of
Robert Whitaker. He issued execution upon
his mortgage, sold the property for $4,000,
buying it in, and paying the money into
court for the purpose of contesting the judg-
ment of Edmund's creditors. This litigation
ended with Whitaker getting $9,5OO.43 of
| the purchase money returned to him. Thus
Robert Whitaker held the title, and his
claims against it were the $6, ,OOOhe advanced
to buy the mortgage and s., 500 which he had
been compelled to pay the judgment credi-
tors of the father.
Whitaker, even before he bought the
property at sheriff's sale, had been collecting
the rents as agent and trustee, and in his ac-
counts debited and credited the trust estate
with all the moneys expended upon end col
lected from it. At the time he bought al
sheriff's sale Samuel Rhodes was the trustee
He died in 1852 or 1858, and
no successor was ever appointed. Two years
after William went to Minnesota he married
his second wife, Ellen Rice. Of this mar
riage there were born four cbildren-Henry
Rice Hollinshead in 1853, Edmund r. il
1855, Ellen II. in 1857, and Mary Condit 81
in 1860. William Hollinshead, the father
died in 1860. His sister Sarah, the wife o.
Robert Whitaker, died in 1864, and tn
children named above are the plaintiffs wht
are prosecuting this suit as the only heirs o
the brother and sister. Robert Whitake
remained in the possession of the propert,,
from the time of his purchase from th
sheriff to the day of his death. That he q
one time recognized the trust estate, AM
that he held title merely as trustee, the com
plainants say is shown by the fact that b
paid their father and their aunt and thei
trustee, Rhodes, at various times sum
amounting to $4,000 out of the income
3 the property.
They aver that Whitaker long since re
: paid himself out of the income of the proE
erty for any money loaned on its account
: that at the time he bought it at sheriff
sale it was worth at least $50, 900, he biddin
1t in for but $4,000, and that at the preser
: time it is worth at least $4,000. The com
plainants aver, further, that they never la
/. any knowledge of the existence of the trui
y deed until December, 1873, when they fri
discovered it, for their father never il
formed them of their rights in tho propert
d They conclude by asking the court to deere
an account 10 be taken of Robert Whitaker
/, expenditures on account of the property, ar
& if it shall appear that he has been fully T
l. paid then that the balance be paid to the
and Robert Whitaker's representatives
). decreed to hold the property in trust for Il
complainants, and be ordered to conveyit
them.
Intervse.c ,Uith Edmund HOllinshend.
A GLOBE representative, armed with col
.. of the above, called upon Mr.. Edmund Holll1
4 head, one of the parties in interest, last mig
y for further information. MIR. Hollinshe
3 stated that he had recently spent six weeks
n- philadelphia in working the matter into shaT
and was quite saneuine of success. His FAM
h. always supposed that Robert Whitaker he
n property, belonging to them, but they could Z
ascertain the facts in the case until since
(Whitaker's) death. he was killed while Gro
ing a railroad track laat August, and since tn
the trust deed has been fully developed.
left will, but forged will was also p
sented. The forgers have been expos
n and indicted, and the genuine will
mitted to probate, but not until one OF
n executors named in the bogus will was boue
nt off for $15, 600. The estate is valued at o,
81 ,00O, 900, and it is to be hoped that the
=. Paul parties will be able to establish and
cover their dues. Mr.. Hollinshead expects
n. case to come to trial during the year.
Aid For the Deluded Colored Men.
Boston, April 24.-A meeting was held
on Faneuil Hall to-day to provide relief for
d. Kansas immigrants Gov. Talbot presided.
1t, 'CLEvELAND, Ohio April 24.-Tne amount
d. i far collected here for aid of the negro lmr
To- grants to Kansas, is little over 81 200, all
b which has been sent to Governor St. John
] that State.