The morning news. [volume] (Savannah, Ga.) 1887-1900, 1896-04-10
SUIT FOR DIVIDENDS.
MIR. M'INTIRE's EXECUTORS FILE 4
CROSS PETITION.

is Entitled TO 1.-two IncOrpOra-
lions Granted-Judge FaIIIgant
Out for the First Time Since His
Recent ENTHUSIASTICALLY Bond
Estreated-The City Court Grand
Jury.
1t begins to look now as if there were
going to be a contest over the S216O re-
ceived as dividends on the 200 shares of
| Southwestern railroad stock, which was
left by Mr.. Robert McIntire under a
trust deed to Trinity and Wesley AIonu-
mental churches.
The deed Of trust, made some time be-
fore his death, provided that he should
receive all dividends up to the time of
his death. after which the stock should
go to the respective churches under the
trust. The dividend of 5000 per share
was paid about two months after his
death, but the claim was made that the
greater part of it accrued prior to that
time, and therefore should go into the
general fund OF the estate, this being con-
templated under the trust.
The trustees appointed collected the div
idends, but were notified by the exec
utors Messrs. p. w. Meldrim and John
Houston that the greater part of it was
properly due the estate. and that a
claim would be made for it. Thereupon
what was thought to be a friendly suit
was instituted by the trustees against
the executors, the paper filed being
bill of interpleader asking the court to
| construe the law on the subject.
This matter was set for a hearing at
an early date, but yesterday the execu-
| tors filed an answer and a cross petit
ton to the bill claiming 1880 of the
amount as belonging TO the estate which
| they now have in charge. This much of
| the dividends, they claimed, accrued prior
| to the death of Mr. McIntire, and there
| fore, according to the terms of the trust,
| ii should go into the general fund OF
| the estate The executors also stated that
they were about to sue the trustees, claim
ing as the property OF the estate the
the petition. From this it is apparent
| that the suit will be contested, ana 1t
will no doubt be an interesting one.
! In the superior court Messrs. John w.
| Fretwell A. Fernandez, r. j. Davant, Jr.,
George NJ McCauley' william Latt1more'
| Inversion, George S. Van Horne, H. NJ.
| Ward, ]. L. Whatley and John l.. Archer
were granted an Incorporation as the
''Workman's Savings and Home Company
| of Savannah" The company Will do a real
| estate business and lend money to its
| stockholders, aiding them to build homes.
| The paid in capital is to be $4,000, with the
| privilege of increasing it TO s50O,O00.
An order of Incorporation was also
| granted to the Savannah District Mes
senger and Delivery Company" The in
| corporators are Messrs. Paul e. Seabrook
and T. B. Floyd. The paid in capital is
| to be $4,000, with the privilege Of increas-
| ing it to $4,000. The company has al
| ready begun the work of putting up its
wires and constructing its plant.
Charles Lucas and Jefferson Davis, both
of whom Were. convted of burglary, have
made application for new trials. Judge
/ ~ n
| both cases, providing that the motions
| may be heard either in term time or vaca-
ton on five days notice by either party
| interested.
Messrs. E. A. We'll, Jos. Rosenheim and
! A Netsburg reported to the court as trus-
tees of the Hebrew cemetery that they had
| sold certain lots in the cemetery which is
at Roberts and Wilson streets for 1880
port and allowing the trustees, as asked
for by them, to invest the money in i'm
provements on the synagogue and on the
old graves in the cemetery.
In the court of ordinary an application
| was filed asking that Jordan F. Brooks
| be granted letters of administration on the
estate of Isaac D. LaRoche.
Judge Robert Falhgant left the court
| house early yesterday. 1t was his first day
out since his recent sickness, and he went
| home to take rest preparatory to his du-
| ties to-day. The matter to come up be-
! Savannah Steam Rice Mill Company
against R. NJ. Hull and others. 1t is a suit
| for Injunction and accounting with regard
to salvage on a lot Of rice that was in the
| burned mill.
In the city court yesterday Mr. W. p
| Hardee, representing John w. CLANCY, fill
| ed a. suit for damages against the Savan-
nah Florida and Western railroad in the
| sum of $500. He claims that on Jan. g.
| while attending to his duties at the yards
of the road he was struck from behind by
an engine, knocked down and had his right
hand so badly crushed that he had to have
it amputated.
A rule nisi was issued in the city court
on the bond of Clarence Sheftall, who
was convicted of keeping a policy lottery,
| and made a motion for a new trial. Sher-
b tetl rS Heard from The motion for for new Few
trial was dismissed and his bond will be
forfeited, unless he appears at the next
term of court The bond is for $1,000,
and his surety, Solomon Sheftall.
The sealed verdict in the case of Tim
| Judge against the Florida Central ana
Peninsular railroad, was not opened yes
| terday in the city court, the jury not be-
ing present. The suit was for $1,000 for
damage to his crops, because it was claim
| ed the railroad company did not maintain
the proper cattle guards to keep out stray
cattle. 1t is understood that the verdict
is in favor of the plaintiff, though not
in the full amount claimed.
/ The grand jury OF Lne city court met
Yesterday and found the following true
| bills of indictment: Jesse Beach, misde-
| neanor. firing a pistol on the county
| roads: David Middleton and Joseph Civ
| ems. carry concealed weapons; Frank Crit
| fin. David Middleton, Jesse Beach and Ed
| ward Bailey, disturbing public worship,
| April s. at the Isle of Hope Union Bap-
| list church; Frank Murphy. keeping a
| gaming house, and Daniel Kiliorin, cheat
ing and swindling, the charge being tina.
| he obtained credit of Sl5S.65 from S. Be-
| singer on false representations.
Samuel Lang was appointed a CONNER
cial notary public by Judge Falligant yes
| terday.
st. Johns Easter Music.
The Easter music. which was so splen-
didly rendered by the large choir at ST
Johns church last Sunday. will be re-
peated next Sunday. Prof White has
! received many compliments and thanks
| for giving to the congregation of 81
| Johns the grandest and most artistic mn
I