Savannah morning news. [volume] (Savannah) 1868-1887, 1882-05-04

The Decree in the Case of James D
WarIng. Trustee. We. Mary IA. Ear
clay et nj.

Yesterday morning the case OF James j..
Wsring, trustee of the Marshall estate, COM
plainant, and Mary NJ. Barclay ct al, de-
PENDANTS, which has been before the courts
for the past year in various forms, was
brought to an abrupt termination before
Judge Tompkins, at chambers, by the soil
ci5or for the complainant announcing the
surrender by his client OF the trusteeship.
Tie case has been pending in chambers for
some time, being taken up by Judge Temp
kins Yesterday on his return from Bryan
court. The counsel on both sides agreed
upon basis OF settlement, and the follow
ing decree was thereupon rendered:
James J. Waring, trustee, etc, complain
ant, aad Mary NJ. Barclay ct al, defend
ants. In Superior Court Of Chatham
County, March term, 1882. In equity.
II appearing TO the court that James j.
Waring, trustee, has come into court and
rendered his resignation of the trust estate
created by Mary NJ. Marshall, and desires to
be relieved of his said trust, and that said
James J. Waring and said Mary NJ. Talia-
ferro, formerly Mary NJ. Barclay, have
agreed to settle the differences be-
tween them touching the past administrs-
ton OF said trust, and It further appearing
that said Mary NJ. Taliaferro has prayed that
Charles &. Taliaferro be substituted trustee
| under said deed IN the room and place OF
said J 4mes J. Waring, it is upon consent OF
the said parties considered, ordered, ad-
jadged and decreed:
l. That said James J. Waring be and he
is hereby permitted to surrender and give
I'D his trust under the deed Of Mary NJ.
Marshall, dated May 30ih, 1874, and he is
| hereby relieved from any further care In and
| concerning said estate.
?. That the tax fl. fas. now held by DR..
James J. Wsring against the said trust
estate, amounting to ten thousand i've hun
dred and sixteen dollars and eighty three
cents $50 516 So be delivered up TO his sue
cessOr in the trust, and be either assigned to
| such person as said trustee succeeding said
| Waring shall direct or be cancelled, IL said
| substituted trustee shall so direct, upon the
payment to James j. Waring Of five thou
sand one hundred and sixty-nipe dollars
AID eighty cents is, 169 S0), said amount
being the difference between six thousand
| two hundred and twenty-one dollars and
one thousand and ffty-one dollars and
| twenty cents, due by said James j. Wsrtng
| as by accounts of his administration adjust
cd this day. The payment OF said sum to
be made within ninety days after this date
with interest on said amount from this date,
said sum being the amount fixed and agreed
upon between the parties as full and COM
plete settlement and accounting.
That said James j. Waring do execute
bond, with security, to indemnify said
| trust estate against all claims of creditors
against the estate except the current unpaid
expenses OF the present year, and that said
bond be made 20 his successor in the said
trust.
4. That said James J. WariDg do pay all
the costs of this litigation, including all
fees due the officers of court, the Master :
and stenogSpher's compensation.
5. That each party to said suit pay their
own solicitors.
6. That Charles c.. Taliaferro, Of said
| county, be and he is hereby substituted trus-
tee in the room and place of said James J.
| Waring, and that he be clothed with all the
powers and subject to all the liabilities OF
/ the trustee under the said deed OF Mary NJ.
| Marshall, dated May 30, 1874.
z. That the pleadings In said cause so far
IS they effect and concern the claim Of the
| defendant, Felicia Fuller. be retained In
| court, the answer Of said Felicia to have
the effect Of cross bill, with leave TO said
| substituted trustee, Charles G. TaliaferrO,
i to answer and defend said estate so far as
| said claim is concerned
s. That James J. Waring shall forthwith
| deliver to said Charles G. Taliaferro, suosti
| tuted trustee, all Of the property, both real
| and personal, OF the estate, and said suost-
| tuted trustee shall receipt to him therefor,
and such receipt shall be full discharge
and release to the said Waring, and shall
| protect him as against all persons and corpo-
iations claiming or hereafter to claim, as
! life tenant or as remaindermen or other
| wise, any right, title or interest In or to said
estate, or any part thereof.
| This Sd May, 1882.
| HENRY B. ToNPKINs, Judge.
| II. R. Jackson, Chisholm & Erwin solicit
tors for James j. Wsriug; j R. Saussyi
Geo. A Mercer, H c. Cuanin N solicit
tors for Mary NJ. TalisferrO.
Filed IN Office May 3, 1892.
j K ?. CARE. Dep. Clerk s. G. Q. Q.