Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-07-26

at the request and suggestion OF any OF
the compliments in the said Dill otner man
his brother the said James F. Barbour, 10
whom this respondent is indebted for every
unfayorable allegation contained in the
bill rejecting upon his administration OF
the trust created by his appointment as
administrator"
The Milling Business.
In another place Capt. Barbour reaffirms
his statement that it will be impossible to
close out the firm and realize on the stock
and credit in any comparatively short
space of time without an enormous shrink
age Of value. He claims that If at any
time a purchaser could have been obtained
for the entire concern he would have glad
ly closed out the business, but that so far
as he knew no such purchaser had ever ep-
peared. He charge, that the statement
that the milling business mentioned by the
compliments was ever large and pront-
able one is false, ard denies that the good
will thereof was worth $4,000 at the time
of his fathers death. He had made, ne
claims, every effort to sell the business,
and in one of the transactions the COM
plainant, James F. Barbour, had positively
and repeatedly asserted that there was no
good will and that the business OF the mill
was worth absolutely nothing. Nevertne-
less, continues Capt. Barbour's reply, he
now swears that it has acquired a sudden
and enormous value of $4,000, and that
this amount would be a fair consideration
for the good WILL.
His Brothers influence.
Capt Barbour denies emphatically that he
has treated the assets as his Individual
property and denies also that he has In
any way neglected the business. He desig-
rates as a mere pretext the charge that his
habits have in any way incapacitated him
for the transaction of business. He claims
that he has attended strictly to his business
f1a Tod Of
and states that his habits during that time
have been no different from those at the
time of his fathers death. He refers to his
fondness and affection for his mother:
which he states to be undiminished. and
expresses his belief that except for the In
fiuence Of his brother his mother would not
have been induced to join In the com
plaint He admits having at one time
agreed to resign his Enthusiastically and
to consent to the appointment OF re-
ceiver to take possession and wind up the
affairs of the firm. Some Of the stipula-
tions he had declined to carry out because
had taken possession Of the assets and bus
mess of the firm he had been mere f1gure-
head, dominated and absolutely controlled
by the complainant, James F. Barbour.
who was seriously impairing the BUSINESS
by his incompetent management
He expresses his intention to resist the
application for the appointment OF re-
ceiver unless the compliments shall either
ton appoint ed for that purpose, or the court
shall determine to appoint some person
satisfactory to all concerned. in which
event the respondent states he would
cheerfrlly accede to any suggestion which
would result in a speedy honest and fair
winding up of the business and the dis
trtbution Of its assets.
in closing his reply Capt. Barbour states
that he is advised by counsel that the only
person who is entitled to call for an account
Of the administration of his trust as sur
vlving partner Is the administrator Of the
personal estate of the deceased father,
but, nevertheless that he does not propose
to rely upon any such defense, and tenders
himself ready and willing to render an ac-
count, under the directions Of the court,
before the auditor of all his dealings as
surviving partner and as administrator,
and is ready and willing and consents to
the appointment Of a receiver to take
charge Of the assets of the firm. and to the
appointment Of an administrator in his
place, provided, however, that John A.
Hamilton shall not be appointed as such
administrator and receiver, and provided
slso that the corporation or person ap-
pointed for that purpose shall be required
by the court to actually administer the
trust, and shall not be controlled by the
complainant, James F. Barbour. And in
event that this will not be done, he objects
to granting the relief prayed, and insists
upon his full rights in the premises. He
therefore asks that the complaint be dis
missed and that he be allowed reasonable