The Portland daily press., 1884-07-14

OhmCukk1es adjusted 10F thG present.
Under the will of the late j. B. Brown, ad-
mitted to probate in January, 1881, three trus-
tees were appointed to whose joint manage
ment the estate was mmitted after the pay
ment of all debts and legacies These trustees
were Messrs. Philip Henry and John Marshall
Brown, sons of the testator, and Mr.. John
Rand, his confidential legal advisor. The sons
have now fled bill in equity asking for the
appointment of a receiver for the estate funds
in Mr.. Rand's possession, Tor an injunction to
restrain him from the collection of moneys be-
longin to the estate, and for his removal from
the Office of trustee and the appointment of his
successor. The hearing was held before Judge
Haskell, Saturday. W. L. Putnam and Sy-
monds & Libby appeared for the complainants
and j. & E. M. Rand for John Rand.
WHAT THE BILL ALLEGES.
The bill alleges that although the will pro-
vides that majority of the trustees, John
Rand or his successor being one of the MAORI
ty,may make any decision or do any act author
lied or required in the execution of the trust,
and although there is no provision giving enc
trustee alone authority or right to act in the
and does exercise exclusive control over all
funds and property that comes into his hands
independently of his co-trustees and against
their will; that he uses the funds and deposits
them in his own name in such banks as he sees
tit; that the cOmplainants deposited all funds
in their hands in the First National bank in
the name of the three trustees, to be drawn out
only upon checks signed by at least two of the
trustees, one of whom must be John Rand, but
that said Rand has not only refused to deposit
the funds in his hands in that manner but has
unreasonably and without cause refused to
sign checks drawn by his co-trustees for debts
due from the trust estate upon the deposit in
the First National bank, thereby preventing
the trustees from using the funds for the pay
ment OF ordinary and necessary expenses and
legal and indisputed debts of the trust estate:
that recently the said Rand, availing himself
of the access which, as one of the trustees he
had to tie negotiable securities of the estate
deposited in the safety deposit vault, cut off
from the securities without the knowledge OF
his co-trustees, substantially all of the coupons
attached thereto maturing within two years
from April /, 1884; such coupons amounting in
all to about $29,415; that he has taken them
into his exclusive possession and deposited
them in some place unknown to the complain
ants; that there was no good reason for cutting
them off, and that he has thereby destroyed
the negotiabIlity and value of the securities for
long time to come.
That previous to the death of Mr.. Brown he
employed as agent in collecting rents of lands
and buildings, numbering about one hundred
and forty tenants, and attending to the details
of the estate, Jeremiah s. Douglass; that since
Mr.. Browns death the trustees have continued
Mr.. Douglass in the same capacity, and that
he has always faithfully and skilfully perform
cd his duties and promptly and fully accounted
for and paid over all sums received by him;
that there was no reason for discharging him,
and yet Mr.. Rand without consultation with
1 tho 0thnr and fhair mic
sumed to remove Douglass from the agency,
and on the Both of June, 1884, sent printed
circular to the tenants that he had revoked the
authority of Douglass to act as his, Rand's
agent, and also notifying them that
| consent is necessary to the validity of
| any act relating to the Brown estate
| That Mr.. Rand has collected upon his sole re-
| ceipt the rents coming due from the tenants
on the LIST of July, 1884, and holds the pro-
| ceeds in his own hands. That it is impossible
| for the complaiDants, in connection with Mr.
| Rand, to manage the details of the numerous
| pieces of real estate without the assistance of
Mr.. Douglass, and that it is impossible to agree
| with Mr. Rand upon successor to take the
| placs of Douglass. That Rand is untitled to
| attend to the details of the rents and has al
ways left them to Douglass.
The bill further alleges that by reason of
certain constitutional peculiarities OF charac-
| ter, Mr.. Rand, in dealing with the affairs of
JnS trust, IN connection Win Inc OLn6f TRUSTEES
has become habltually and extraordinarily IT.
| ritable, overbearing and capricious; that not
| only they, but the mechanics and business
men having dealings with the estate, frequent
| ly receive without occasion or excuse therefor,
gross insults from Mr.. Rand, thereby obstruct-
| ing the administration of the trust. That al
most from the start in the management of the
trust, Mr.. Rand has frequently exhibited a
| disposition to ignore the other trustees and to
manage the trust according to his own will.
The bill prays for the appointment of a re-
ceiVer pending the suit; that Mr. Rand be en-
| joined and restrained from receiving and dis
posing of any part of the income or principal
of the estate and that he may be removed
| from being trustee, and successor be APP
| pointed in his place.
| MR.. JOHN RANDs ANSWER TO THE BILL.
The respondents reply states that the funds
in his possession as trustee are all deposited in