Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1895-11-21
COURT OF CHANCERy.
Completion of Bon. James l.. woicott'g
Term As Chancellor

Term AS Chancellor.
Hon. James L. Wolcott completed his
term as Chancellor of Delaware Fri
day. At the session of the court
OF chancery he gave decisions in tho
case of Mary r. Fitzpatrick Va Alex
ander Beggs and the case Of the Equita-
BILE Guarantee and Trust Co., trustee
under the will of Theodore b. Rogers,
deceased, for Mary N. Rogers, vs..
Helen r. Bradford, Annie K. du Font
and Theodore B. Rogers,
In tho first case tho Chancellor
granted preliminary injunction re-
atraining Alexander Beggs from closing
an alley in the rear of Mary e. Fitz-
patrick's property on the west side of
West street between Second and Third.
The other case has been pending for
year. Theodore b. Rogers left his
wife, Mary N. Rogers, his farm
property and the personal property
thereon for life and directed that after
her death said property should 90 to
her son, Theodore B. Rogers. He also
gave her an annuity Of $1,000 and
directed a sufficient amount of his
estate to produce that annuity The
rest of his property was to be held by
trustees in trust to pay out the income
during the minorities of the children
sufficient amount for their support
and education. When the eldest child,
Mrs. du Pont, was q years old, May
4th, 1879, the residuary estate was to
be divided IN as many parts or shares
as there were children and each was
TO receive the income arising from his
or her share. When Theodore B.
Rogers arrived at age he was to have
his absolutely. After the division of
the residuary estate the trustees we're
| to hold the shares of the daughters in
trust to pay to them during their life
time the income produced by their
respective shares. They had the power
by will to appoint who should have
| their respective shares at their respec-
I tive deaths, and failing to appoint all
three shares were to be distributed
among the other children respectively.
He also directed that his trustees
should stand possessed of the accumu
lation of his residuary estate upon the
same terms to which his general estate
was subjected. The testator held $50
shares of the Rogers Locomotive Ma
| chine Works stock, which constituted
the bulk of his estate. In 1893 the
company went into liquidation and
the plant was sold and The amount in
cash and securities which had boon
| paid the present trustees, as repre-
sented in that stock, was about
$500, 900, the par value of which was
only SO, 600 and the appraised value
81, 600. Tho two daughters commended
| that all above S3l, 600 was income to
which they were entitled to absolute
payment and the trustees contended
| that the income was confined strictly
to the cash dividends which were
paid semi annually by the company to
the stockholders and all else was
accumulation which should be treated
as capital and not income.
The Chancellor decided that Helen
r. Bradford was entitled to tho whole
of her income from the period of the
division and that all the yearly earn
ings and profits of the Rogers Locomo-
tive Machine Works, which were not
distributed among the stockholders as
dividends were accumulation, of which
the trustees stand possessed as capital
and not income.
sThe Chancellor in the after.
noon, rendered decision in the case
of Annie @. Williams VS.. the Odessa &
Middletown Railway Co., which had
been pending in the court of chancery
for three years. Willard Salisbury
was counsel for the complainant and
Edward Ridgely and Henry Ridgely,
Jr, were counsel for the defendant.
The point raised was that the com
pany by the location and condemnation
of one line for the railway had ex4
hausted the right Of eminent domain
and could mot, therefore, locate or con
denim another line.
The Chancellor decided the case
without giving any reasons or filing an
opinion, but stated that he will write
and file them hereafter. He said the
company had not exhausted its right
Of condemnation by the exercise of it
in the first case.
Mr.. Salisbury gave notice of mo.
tion for rehearing,