The morning call., 1893-11-28
MISSING MONEY.
Sensational Suit Brought
in Oakland.
The Heir of Thomas III. Smith, the
WeIl-Known Attorney, Sues
for Her Legacy.

suit was begun in the Superior Court
of Alameda County yesterday which
promises TO become somewhat sensational.
not only on account of the serious charges
that are preferred and the amount OF
money in question, but also on account of
the prominence of the parties to the suit,
including as it does some of the prominent
members of the Oakland bar
Thomas ii. Smith, who died in Oakland
on January T. 1890, is remembered as one OF
the leading attorneys, not only of the city
across the bay, but of the State. Before
his death he carefully prepared his will.
IN which, after making small requests to
his other children, be left the most OF his
property to his minor daughter, Ethel
Gray Smith. and nominated as executors
of his estate A. NJ. ROsbOrough and E. NJ.
Gibson. both well-known attorneys of
Oakland.
But not content with making a will,
and possibly because his domestic relations
had not been happy, he being divorced
from his wife, he made trust deed, plac-
ing all of his property in the hands of the
men named as executors in his will, thus,
as he thought, making assurance doubly
sure, and insurng to his daughter the en-
jOyment of whatever pro perry he might
die possessed of.
1t now appears. however. from the COM
plant, that even all the precautions which
he took were not sufficient to insure the
carrying out of his desires, and in the suit
Just begun the executors are cited TO appear
in court and make a showing as to what
disposition they have made of the prop
erty. and why they have not fulfilled the
trust committed to them.
The child selected her mother. Lu Wheat
Smith, as her guardian. and from a cir
cumstance that recently happened an in
vestigatIon was begun. which resulted i'll
some startling discoveries, and it is ALLEGED
in the complaint that out of more than
$4,000 which originally came into the
hands of the executors not more than
$1,000 now remains, the balance having been
wasted. wrongtully applied and misap-
pr0pria Jed."
AS soon as this was discovered, Miss
Smith placed the matter in the hands OF
her attorney, George Hayford, and he
tried to effect a settlement without resort
To law; but yesterday morning at 10
o'clock was the limit given, and the funds
not being forthcoming the petition was
filed.
After stating the facts, as already given,
in regard to the appointment OF the eXecu-
tors. the value of the estate, etc., the petit
ton goes on to say:
That although nearly four years have elapsed
since this estate was placed in the hands OF
ever been made TO this court by the said eXecu-
tors.
That your petitioner is informed and believes,
and upon said information and belief alleges the
fact 10 be that the said executors have not
properly applied the mOnx OF this estate az
directed by he last will AM testament of the
deceased, and as ordered by this honorable
court III It's admission or the will TO probate;
and have not placed the same at interest upon
good security. as instructed TIL rein, but have
neglected and failed to properly handle and
care for The estate ana have suffered the moneys
thereof TO be and become wasted and wrong
fully applied aud misappropriated, and that
there remains only about $500, or thereabOut>
of the moneys OF said estate at interest for the
benefit OF said minor, and thar there are no
credit OF SAID executors as such or In any othef
manner that could designate the same 10 belong
10 the estate of said deceased.
Wherefore, your petitioner prays that eta
ttOn be issued oul of and under the hand and
seal OF this court, directed to the said executors
commanding them TO appear before this court
upon a certain day and date therein named and
show cause, II any there be, why they should
not Immediately report and make a full and
complete accounting OF this estate showing the
amount OF moneys received and expended and
on hand and where The same may be invested
and the kind and value OF the securities, the
amount OF interest, ETC., and thai They shall
thereupon receive such further instruction and
orders as TO this court may seem just at the
hearing OF said citation.
Upon the filing of this petition Judge
Greene caused the citation to issue, order
ing A. NJ. Rosborougn and E. NJ. Gibson
to appear before this court on Monday,
December f. at 10 o'clock A. NJ, and then
and there show cause. if any there be, why
an attachment should not issue against
said A. NJ. ROSbor0ugh and E. NJ. Gibson,
executors, and compelling rendering OF
account of the estate of said deceased.
1t is claimed by Mr.. Gibson that the
management of the estate was left entirely
in the hands of his cOexecutor, and ha
processes the greatest surprise that state
o. affairs could possibly exist necessitatng
such action on the part of the guardian;
but however that may be he is equally re-
sponsibe and is made party to the suit