Daily globe., 1879-04-25
IN WHICH ST. PAUL PARTIES AP-
PEAR IN PHILADELPHIA.
Tho Robert Whitaker Estate-Property
Held In Trust for the Hollinshead Family
Of This City-They Bring Suit in Philadel-
phia to Regain Their Rights.
Philadelphia Times, April 22.l

Cne DrlSIO1 turnpike properly OF ono uuu-
dred acres belonged to their father, William
Hollinshead, and his sister, Mrs. Whitaker,
and that Robert Whitaker never had
any other ownership in it than
that of trustee for his wife and her
brother, the claimants father. They
want the court to award to them the whole
of this property and also an account of the
rents and profits which Whitaker received
from it. In bill in equity which they
have just filed in common pleas court No. 2,
against the Whitaker estate, and which has
been drawn up by G.. K. Davis, ex- Governor
of Minnesota, and F. @. Brightly and Pierce
Archer, of this city, they voluminously mar
rate the history Of their alleged rights. 1t
appears from this that in 1888 Sarah E. Hol-
linshead, daughter of Edmund I. Hollins-
head, owned the property on the Bristol
turnpike, In that year she made a trust |
deed Of, it to her father in trust for the joint
benefit of herself and her brother, William |
Hollinshead. She provided that her interest
should be free from the control of any hus-
band she might take, and her brothers in
terest 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 a
man of improvident habits. He owed debts
amounting to $4,000, and to extricate him
from these, as is alleged and without the
knowledge of Sarah, he and his father and
Whitaker, his sisters husband, formed q
plan to break the trust temporarily. The
father conveyed the property absolutely to Q
certain William Z. 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 aA
kind of agent for his wife and her brother,
and managed the property. Before the mort
gage had been created he loaned William
$4,000, and to collect this he advised the ar
rangement, promising that be would in due
time relieve the property of the incum-
brances and restore it to trust estate. He
agreed to buy the outstanding $6, 1000 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
rative then runs back to time previous to
that in which Sarah owned the property
and fixes the absolute ownership in Edmund
Hollinshead, her father. There were
l fvun NJ Snof II nd off
his death tha. creditors cot 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 SIC, ,OOOhe advanced
to buy the mortgage and So, 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 &C.
counts debited and credited the trust estate
with all the moneys expended upon and col
lected from it. At the time he bought a.
sheriff's sale Samuel Rhodes was the trustee
He died in 1852 or 1853, anc
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 children-Henr.
Rice Hollinshead in 1853, Edmund r. il
1856, Ellen 81. in 1857, and Mary Condit ii
in 1860. William Hollinshead, the father
died in 1860. His sister Sarah, the wife 0
, Robert Whitaker, died in 1864, and tn
children named above are the plaintiffs VIII
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 9
: one time recognized the trust estate, an
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 $500 out of the income c
e the property.
!. They aver that Whitaker long since II
j. paid himself out of the income of the proI
erty for any money loaned on its account
I that at the time he bought it at sheriff
, sale it was worth at least $50, 600, he biddin
1t in for but $12, 900, and that at the prese1
:. time it is worth at least $4,000. The con
plainants aver, further, that they never ha
J. any knowledge of the existence of the tru.
D deed until December, 1873, when they fir
discovered it, for their father never il
formed them of their rights in the propert
d They conclude by asking the court to deere
an account 10 be taken of Robert Whitaker
t. expenditures on account of the property, an
& if it shall appear that he has been fully r
d. paid then that the balance be paid to the
and Robert Whitaker's representatives
s. decreed to hold the property in trust for Il
q complainants, and be ordered to conveyit
them.
Interrte,r Nth Edmund HOllinshead.
A GLOBE representative, armed with a col
3. of the above, called upon Mr.. Edmund Hollir
d. head, one of the parties in interest, last mig
VI for further information. Mr.. Hollinshe
a. stated that he had recently spent six weeks
n Philadelphia in working the matter into shaI
and was quite sanguine of success. His fami
b. always supposed that Robert Whitaker he
n property belonging to them, but they could 4
ascertain the facts in the case until since
(Whitaker's) death. He was killed while GRO
ing railroad track last August, and since th
the trust deed has been fully deyeloped
leIt q Will. ont q 1OIgeO Will was oAoo
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 win was boue
nt off for S15, 600. The estate is valued at o.
81, coo, COO, and it is to be hoped that the
~. Paul parties will be able to establish and
cover their dues. Mr.. Hollinshead expects
m case to come to trial during the year.
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