The Portland daily press., 1885-03-10


professional life of near, or quite half century
should have taught him the improperly of it.
From such irregular methods ultimately con-
fusion and trouble are sure to arise in trust af-
fairs. So it was in this trust. Upon the set
tlement of the trustees probate account at the
end of 1888, prepared by the respondent, a
large balance of funds was shown to be in the
hands of the trustees. The respondent stated
the funds in his hands, and called upon the
orators for the balance. They replied that his
call exceeded the amount in their hands by
$4,000, or Whereabouts, and that there must
be some mistake; this he would not admit, but
required them to make the amount good and
they say, he flew into passion, and told them,
"Ibese probate accouns are right to cent,
I've been over them repeatedly and know them
to be right. You have got the money hidden
away somewhere in your bad book keeping
You will find it somewhere if you look in the
right place for it. l could find it in your
books in ten minutes" These probate ac-
! counts are right to cent l shall never make
any correction in them After this interview
the orators made diligent search for the error
and by taking their accounts and the probate
accounts for the year, and applying the test
of double entry book keeping, they
discovered that $4,000 had been invested in
certain notes which Mr.. Rand retained and
then had in his possession. One of the ora
tors early on the 9th of March addressed to
him letter, stating the error. Later at an
interview with both on the same day he said
"Your theory about the notes is correct. l
had neglected to enter them" Thereupon for
the first time, according to all the testimony
in the case, the orators lost self control, and
say they did address Mr.. Rand in harsh and
ungentlemanly language, but he denies that
they did SO, and does not pretend that he ever
received disrespectful, OF discourteous word
from either of them during the whole admins
tration of the trust.
From this time disagreement arose as to
the proper method of keeping the trust funds
and administering trust affairs The orators
took counsel, and required the trust funds to
be put under joint control of the trustees. Mr..
Rand refused to do this, and claimed, and still
claims that neither the law nor proper adj
ministration of his trust required, or requires
him to accede to that way of dealing with the
trust funds. When appealed to by Judge
Symonds as counsel for the orators in June to
make joint deposit, Mr.. Rand replied, that
che never would deposit in that way one dol
lar of the trust funds that came into his hands,
and no power could make him do it,
Prior to the open rupture among these trus-
tees on March 81, 1884, Mr.. Rand, as if an
out the knowledge of the orators, repaired to
the safety vault, and cut from the bonds of the
estate all coupons falling due April l, amount
ing to some $S,000 These he collected and
added to his individual deposit as trustee
which then amounted to over $21, 900, al
though by the existing arrangement among
the trustees it had been customary for the ora
tors to collect the coupons belonging to the
estate and pay to Mr.. Rand four tenths there
of as part of their monthly account So too,
early in April, Mr.. Rand without consultation
with his associates, directed Mr.. Douglass. the
trustees agent in charge of the real estate, to
thereafter retain one-third of the rents for
and pay the same to him; and when remon-
strated with by one of the orators in the alb
sence of the other in New York for making
the change without consultation of the trus-
tees, replied, as one of the orators testifes
"That is my money. These are my orders"
and upon further remonstrance added, "What
are you going to do about it," And upon
being told that the orator would ascertain his
right and deny Mr.. Rand's authority to do
so, he replied, "You don't know my power
Neither you, nor your brother know nay
power. know it and shall exercise it, and
you may have an opportunity of learning
from Judge of the supreme court, that in all
matters relating to the business of the estate,
you and your brother must yield to my wishes
if so desire" After further conversation, as
the orator was about to retire. Mr. Rand said 81
notify you that shall lease the Brown block
on whatever terms please; and notify you,
that hereafter l shall take the business of this
estate into my own hands" Thereupon, by
advice of counsel the orators deposited all the
funds of the estate in their hands in bank to
the credit of all the trustees, to be drawn out
univ .1Toy +ha o1ooIy 50
one, and by letter dated April l6, 1884. in
formed him of their action, and that they had
directed Mr.. Douglass to place to that deposit,
all funds of the estate coming to his hands,
and requested Mr.. Rand to deposit all funds
of the estate then in his hands, or that he might
thereafterwards receive, in some safe depository
upon like terms and conditions. At this time
Mr.. Rand had in his hands funds of the estate
amounting to over $4,000 and the orators had
less than $4,000.
The bonds belonging to the estate were de-
posted in the safety vault to the order of the
trustees, and while the orators were depositing
all the funds of the estate to the credit of all
the trustees, Mr.. Rand was retaining under
his own control such of the funds as had come
to his hands, and peremptorily refused to
recognize joint deposit with his associates,
and in order not to be forced to recognize the
methods adopted by the orators in the care of
trust funds well knowing that it would never
do to allow the current bills and maturing de-
mands against the trust to go unpaid, and in
order that he might have funds under his per-
sonal control, sufficient to meet the bills and
maturing demands, without drawing upon the
joint deposit made by the orators, which he
knew they could not use without his name to
their check, he repaired in May to the safety
vault without the knowledge of the orators
and cut from the bonds of the estate all cou-
pons that would mature for nearly, or quite
two years, which he knew would be paid at
maturity, amounting to about $4,000, and
took the same under his own control.
The controversy still going on among these
trustees, the orators claiming that the funds of
the estate should be under the joint control of
the trustees, and Mr.. Rand disputing their right
to have any control over such funds as he saw
fit to reduce to his own possession on the
Both of june he issued over his own hand a
printed circular to the principal tenants of the
estate, dated May 5, informing them, that the
authority Of Mr.. Douglass to act for him as
trustee was revoked. and added, "By the ex-
press terms of the will, the consent and con-
currence of the undersigned is necessary to the
validity of any and all acts relating In any
way to the Brown estate" thereby impeding
the collection of rents in the manner thereto
fore customary; and personally collected and
added to his own deposit as trustee rents
amounting to $1,000. The first knowledge
these orators had of this circular was
from Mr.. Douglass, who was confronted
with it when he called upon the
several tenants for their rents due July l, 1884.
Mr.. Rand states in his answer that she had
been for many months dissatisfied with the
manner in which the said Douglass attended
to his duties, and that in his opinion the in
terests of the estate required his discharge"
although at the final argument, of the cause
! he stated to the court, that "Mr. Douglass has
his merits; the merit of accuracy; the merit
of honesty for aught I know; the merit of
honesty I believe; the merit of promptness.
appreciate them all but it was not for me,
placed in the position I occupied under that
will, to let him say, that he would follow the
direction of the others; and 1 said to him,
Much as regret to lose your services, YOU
cannot be allowed to take this ground and
maintain it. Now, if he was in the wrong.
then had right to do as I did," showing
that his answer in this behalf was incorrect,
and going far to prove that the real cause of
his displeasure with Mr.. Douglass arose from
his failure to comply with and obey the per-
emptory orders of Mr.. Rand not made in con-
;afa 80 A.