Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-09-25
THE DISTRICT AN HEIR.
A Request of Some Fifteen Thousand
Dollars for School Purposes.
End of the Lengthy Litigation Over
the VIII of Peter Won Essen,
an Old.Time Citizen.

The dismissal upon the motion of Mr.
s. T. Thomas, attorney for the District
of case No. u. the Commissioners agt. Es
sex ct al, by the Court of Appeals last
week, made the District several thousand
dollars richer. and drew attention to a
most interesting case.
Many years ago one Peter Won Essen, q
citizen Of Georgetown. decided that he
would cause himself to be remembered
after he had departed this life by direct
ing in his will that after the payment OF
certain annuities and requests the residue
Of his estate should go to the corporation
Of Georgetown for the use Of the free
white schools Of the place
The old man died on the 18th of August
1866, and his WILL Judge Cox of the District
Supreme Court being one of the witnesses
to 1t. was probated on the 1st Of the follow
Ing month. Nearly twelve years later after
some ntlsation over the matter. decree OF
the Court in General Term was passed June
IA. 1873. to the effect that the bequest in the
will and its codicils ito the corporation of
Georgetown for the use Of the free white
schools Of Georgetown" was good
The testamentary trustees named in the
VIII having died. Mr.. Charles NJ Matthews
was. on the 18th of January 1888, substi.
tuted as trustee in their stead, and after
further litigation in the matter between
the Commissioners Of the District and the
hefrs-at-law of the original testator, the
Commissioners conteEding that they, as the
legal successors Of the corporation of
Georgetown, were. entitled to the benefits
OF the beQuest for the use of the District
school board. Mr.. Matthews was directed
by the court on the 18th of September
1883. 10 pay to the Commissioners of the
District the sum of sl2057.24. that amount
being ascertained by the auditor Of the
court to be due the Commissioners under
the provisions Of the WILL
The Money Received.
The following day Mr.. Matthews paid the
amount over to the District Commissioners
and by them 1t was deposited in bank, the
money being placed there instead OF in the
United States treasury because of the Com
missioners' doubts as to their power to re-
ceive and apply 1t. Although being in full
possession Of the money. with a decision OF
tne court IN their favor as to their right to
receive and apply it, nothing was done in
the matter by the Commissioners OF the
District until October 81 1889, when they
John w. Douglass, Lemon q. Hine and
to be filed on their behalf against Stephen
F.. Hattie c.. Francis b. and Hollis NJ.
Essex. the children and sole heirs-at-law OF
Francis Won Essen Essex. the grandson OF
Peter Won Essen. asking for a construction
of the will, Mrs. Catherine Clements, aged
eighty-nine, the grandmother OF the chill
dren, having written to the commissioners
nearly year previous that she was the sole
Support OI tHe cnlluren ana DeSeeChtnE the
Commissioners to take such steps as would
establish the right of the children to the
money. A statement OF facts was agreed
upon by both sides and submitted to the
court on the llth of January. 1881. On the
10Th OF the following month the case was
certified to the Court in General Term to
be heard In the first instance. That court
however, failed to determine the matter
and the case was, therefore, placed upon
the calendar of the Court of Appeals, when
that court succeeded to the appellate 1uris-
dtction OF the Court in General Term.
The Case Dismissed.
When Mr.. 8. T. Thomas became the at
torney to the District few months ago
he decided, after full examination Of the
case. to advise the Commissioners Of the
District to empower him to request the
court to dismiss the case, for the reason
that the Districts entire right to and dis
sition Of the money having once been judici
ally determined there was no reason nor ne!
cessity for further controversy The Com
missioners taking the same view of the mat.
ter, so empowered him and the case was
accordingly dismissed last week. 1t Is un-
derstood that the money still remains In
bank to the credit of the District. but 1t is
also understood that the heirs-at- law of old
Peter Won Essen, the Essex children, will
endeavor to secure the passage by Congress
of an act relinquishing the Districts right
to the money. which, II is sad now amounts
to about $4,000. and directing it's payment
over to the heirs-at-law.