Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1889-02-24
FATHER 4 DAUGHTER
AyrrpAyrrs IN RELATION 70 W. 4
rHoxAys ESTATE
Hetion for Receiver Argued in the Hisn-
mond Chapcery Court
Yesterday.


In the Cbapccry Cour, yesterday counsel
FAR Bstiia r. Lewis made q formal appiica-
ten 10 Judge Fl,zhugh for an order Tor the
sppoiotmeut Of receiver TO take charge OF
the e,tste OF deceased, and TO enioin the
cura,ors from turning over said estate 10
Msicr Legb r. Page. recently appointed sd-
mlnisirsior by the Hsnricc County Court.
THg ARGUMENT.
Hon. George l.. Chrisiiln opened the
argument on behalf OF the clsimant. and was
Replied to bv Beverley y. Muntord' hsq,
: co1usel for the Thomas heirs-at-jaw, "bs
Tss followed by MT. Frank W. Christian,
counsel for Bette T. Lewis.
Colonel John II Gus spd Judge wafer
r. Stsples then spoke In opp0siuon 10 ,oe
motion and IN beBat OF the Thomss nens'
and Edgar Allan, ESQ, closed the DISCUS
sion In support Of the motion.
THs CONTENTION.
The counsel for Bette T. Lewis Ia ehect
s,oued that William A. Thomas bad 10 his
lifetime gwen to lneu ellen. the whole OF
his person Il estate. amounting 10 over S2VO,.
0fo. and bad made symeoiical delivery OF
the same by presenting 10 her the keHs 10
his safe aud ssfety.deposit box IN the bank
vault in which said property vas contained;
that at the time OF the quallhcation OF tne
curators she had surrendered these keys 70
the curators, notifying them that she claimed
po,session OF all OF said property and only
surfend red the KEYS 10 enable them t0e
better 20 Investigate the papers OF the de-
ceased and ace n q will bad teen left and To
ssceftaip the amount and location OF the
estate.
They claimed that the curators had IN thar
nav attained possession OF tue estate; that
subsequently the said curst0rs b'd refused
10 rtdeIiyer the sad property to Bette J..
Lewis. and so she bad been compelled 10 IN
stitute suit against the curaiorsfof It's recoV-
cry: that pending the suit 90 sdDinistiatol
had heen appointed Tor the estate OF within
A. Thomas, and tnst unless receiver DE sp
poin,sd 10 take charge OF said property th'
eurators would deliver the same over TO I'd
.dministtstor as assets OF said decedent.
n was further urged that II the propert,
an controyersy should be finally decided l.
be the property OF Bette T. Lewis IN tba
event the sureties upon the BOND OF the so
minist, a,or would not be liable therefor. b.
cause the same was not assets OF The sal
deccdenps estate and could not properly
therefore. have gone into the hands OF TIE
administrator.
Counsel Tor BEETLE T. Lewis cited numer-
Gus authorities IN support OF their position
and urged upon the Chancellor the propriety
OF appointing receiver TO tdKe cba'ge o
and hold said properts until the question I"
wpom IL rightfu ~ belongs could be deter
mined.
'ToTHER SIDE.
In opposition to the application for re
ceiyer and the positions advanced by 10
eonnsei for Bette +. Lewis the counsel Tor
fhe Thomas beirs-at,law insisted that the re-
cord ohuudantly showed tbat the property
In question hsd never Oeeu In possession 81
Bette +. Lewis, and by no act OF hers cou'o
abe have acquired possession OF IT. The
curators, without any assistance from Bette
Il. Lewis, bad taken possession OF TIE pro-
perty az the assets OF the Thomas estate an
held the same ss his personal representatives,
and on the expr'tion OF the thirty GAYS
during which an heir-at.law alone could
qualify as his administrator the present adj
nInistrator had been appointed OH their pell-
ton, and by the ope alton OF law the powers
OF tue curators Immediately ceased aud The
assets belonging to the decrdent that very
moment became vested in the possession OF
the administrator.
In view OF these facts II was urged that q
chancellor would never deprive the party IN
possession OF The property in controversy
by the appointment Of receiver uulesS II
wasting or misapplying the same, which wss
not even alleged In the case at bar.
II was further urged that the Chancellor
would not seriously entertain such motion
unless the record presented strong case on
the part OF the claimant, whereas In TINS CASE
il was insisted that even admitting
tho allegations OF the complainant to
be true she bsd absolutely no case
la law that the alleged prese1istion
20 her OF the psss.book OF the bans would
certainly not invest her with the ownership
Of The SlS.000 on deposit, which was alone
subject to the check Of William A. Thomas,
while the alleged presentation OF the Key 10
her OF the safety-0eposit box In the bank
vault was equally Intellectual to pass to her
the property interest in toe S1S7,000 OF se-
cur,lies contained therein, because the said
kew did not enable her TO acquire possession
az the same. which possession In the do0ee
absolutely aud exclusively both rs against
the donor and all the world was essential 10
the validity OF said alleged gift.
IL WAS also urged that the said assets should
remsin 10 the hands OF the administrator
because 1t Was admitted on all bands that
they were liaple to pay the debts OF said de.
cedeui, aud until a judicial sscertainment
Of the same could be had 1t was but right
and proper that bis persOn.l representative
should hold them 10 discharge, II necessary,
all suc0 CLAIMS.
The counsel for the Thomases, following
the example OF their legal brethren on the
other side, cited numerous authorities to
sustain their position, and insisted that
chancellor would be very 10th to award an
order appointing receiver, which was an
exercise OF the extraordinary and most sum-
mary powers OF his Office. and that 10 the
case at bar the appointment OF a receiver
would seriously mbarrass IL not defeat the
administrators in his Efforts 10 properly pro-
tect the estate against this and all other
claims by Withdrawing from his hands the
means for sucn defence.
Judge Fitz ugh reserved his decision.
The property has not yet passed out OF the
hands OF tue cura,ors.
Amdasfts of Bettie lewis and others
Judge George l.. Christian, who made the
opening Argument on toe motion to appoint
q receiver, read The following:
Bette Thomas Lewis makes oath that she
"a the only living daughter OF the late VIII
H.m A TDomas; that she has lived with her
father ever since she was u small child, aud
that he cared for hey In the most ample aud
affectionste manner; that ever since she was
old enough to occupy that position she has
presided over his household -unrsed nm n
sickness and in health, and tnat the relations
between them we're OF the most adectionaie
and devoted character.
PURPOSES OF DECEASED.
she deposes that der isther frequently