The Providence news. (Providence [R.I.]) 1891-1906, 1896-04-11

IS RESTRAINED.
Injunction Against G. E.
BarstOW ISSuf'
Amos c. BarSt0w in Sole Con-
troll of Fathers Estate.
Judos Tillinghast, After a Hearing,
Gives a Decision.

The application of Amos c. Barstow
and other parties interested in the estate
of the late Amos e. Barstow for q
temporary injunction, to restrain George
Il. Barstow, who is a co-trustee with
Amos q. Barstow, one OF the petitioners
under the will of the late Amos c. Bars
tow. from interfering with the manage
ment of the estate named, was heard by
Jusice Tillinghast in the appellate court
today and granted. though the count
expressly stated NO judgment was passed
on any Of the matters in controversy.
Arnold Greene, who appeared In behalf
of the petitioners for the Injunction, had
associated with him Judge stephen A.
Cooke, who is brother-in-law OF both
trustees. MIR. Green began his statement
OF the case by reading the main parts OF
&. Barstow and all the parties interested
in the estate left by the deceased except
George II. Barstow and Emeline
Barstow, mother OF George and
Amos, aud widow OF the deceased
Amos g. Baritow, who, the bill recites, died
In septemb ber, 1894, and left his estate In
sons cust iop Amos srse ppoEs ns
and the latter in January last made an
assignment OF all his property to Stephen
o. Edwards for the benefit of his credi-
tors In January last and also that George
Il. Barstow 10 indebted to the trust estate
in the sum OF go, 900, and that he with
drew bonos of the par value OF $50, 600
placed as security for this indebtedness
without the consent OF Amos c., his CO.
trustee. Also that Amos T.. Barstow, de-
ceased, left large estate, credit of which
has been affected by the insolvency of
one OF the trustees, and that there was no
objection, to George 4. acting as trustee,
while he was solvent. Another charge
expended great deal Of money for repairs
on the family homestead into which
he subsequently moved with his family,
and other causes OF complaint in the bill
wera that the respondent had drawn
salary OF 5000 per month, after his CO.
trustee had objected to his taking the
same and that George r.. Barstow had
the estate but bad kept all cash paid on
account OF bills due rhe estate.
One OF the allegations in the bills that
was not passed because Mr.. Green said
the president of the company refused to
substs ntiate IL and thus deprived him of
any evidence was that George r. Barstow
had taken $50, 900 belonging to the Bar
stow Thread Company and failed to ac-
count for the same. Walter f. Angel,
who represented the respondent, COM
mented very harshy on this allegation,
which, though Mr.. Angel did not say SO
today, has been proven BY the examina-
tion OF the thread company books by az
expert to be In every respect false as
Gerorge T.. Barstow's accounts with the
Barstow Thread Company are all right,
and he has the full confidence OF the
other two stockholders.
The charges were, il will be seen, of
very general nature, but Amos &. Bar
stow, the co-trustee, stated on the wit
ness stand that he could find no evidence
nor did he charge that his brother and
fellow trustee had done anything dishon-
est in his management OF the estate. An
other point brought out was that George
X. Barstow had done about ell the work
OF the two trustees and that bis manage
ment showed shrewdness and ability. AS
before stated, the granting OF the iniunc-
tion In no way confirms the charges, but
is q step taken by the court In the inter-
est OF all who have rights in this estate
and in order that all may stand on an
equal footing.
The first witness called was Amos c.
Barstow, and he testified In his direc
examination that at the time of hit
fathers death his brother, George +
Barstow, was indebted to the estate S26,-
600, and that the deceased had also en-
dorsed for George TO the amount Of s62, 900
or S63, 600. That as security for this in
debtedness George had deposited so
Pioneer Canal Company bonds of the par
value of 1900 each and that these had
been sent by George out of the State
without his, the witness consent.
An attempt was here made to prove
demanded payments OF en- Indebtedness
OF the estate to il of S70,0 after the
failure Of George by a letter sent by the
treasurer of the bank, but Attorney
Walter +. Angel claimed that the officer
who made the demand should be pro-
duced and Judge Tillinghast endorsed
his view OF the matter so this evidence
did not 20 In at this hearing.
Mr.. Basrtow further said that while he
agreed to the expenditure of $500 for re-
pairs on the family homestead George had
expended 1890 for that purpose and that
he did not deny that his mother had the
right to have the repairs done, still he
deemed them extravagant.
In regard to the salary drawn By George
E., witness swore that he at first consent
ed to salary OF $500 per month after con-
sultiDg with the other heirs because his
brother had told him he received 5000 for
taking care of tho estate during his
fathers life. The latter, according to the
witness, objected to paying over s250O for
this work, but George had used
it s,56o more; at least, 50 he said
George told him. After the sale OF some
CT the property.he ordered the bookkeeper
not to pav. his brother 300 month but
that then George took the cash from the
fncQne OF the estate and paid himself
that amount every fpontb. Witness had
repeatedly askedS>tbk respondent To de-
posit all the cash and checks I'm the City
National Bank, and also ordered that
bank NOS 70 pay any checks on the estate
unless they wvre signed by Amos G. and
'tteorge Il. Barstow. The complainant
also testified that George had drawn his
mothers annuity from the estate every
week instead OF every three months as
provided In the will, and that each of the
trustees we're by the provisions OF the