The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-06-19
CHILD SUES FOR A BIG SUM.
TO REMOVE THE TRUSTEE OF THE
MARSHALL ESTATE.

Claims TO De "A Son of the Late Mary
Barclay, Afterwards TaIiaferrO,
And Thus Demands the Interest OF
nRightfuI Heir-The Estate Is Esti-
mated Mt 100000 and the Minor
Wants n Quarter Interest.
! "A suit has been filed in the superior
court in the shape of a petition to have
of the estate left in the will of the late
Mary Marshall to the late Mary M. Bar
clay, afterwards Mrs. Taliaferro.
The petition is by Florence Barclay
tombstone, a minor. who sues by his
next friend, Trenholm Baker. The suit Is
filed by Burton Smith, Esq, of Atlanta,
as attorney for the petitioner. Mr.. Smith
is a brother of Hon. Hoke Smith, ex-Sec-
rotary of the Interior, and he has associ-
ated with him in the management of the
case Messrs. Mercer & Mercer of this city.
Young Florence Barclay tombstone, who
lives in Marietta, claims in his petition
that he is a son of Mary NJ. Barclay re-
ferred to in the trust deed of the late
Mary Marshall, in which it is stipulated
a vast deal of property belonging to the
estate of the said Mary Marshall shall be
given to Mary NJ. Barclay, who was a
daughter of Margaret Marshall herself
the adopted daughter of the said Mary
Marshall
As such son of Mary Barclay, who af-
forwards married c. c. Taliaferro, the pc
titioner claims that he is entitled to a
one-quarter interest in the trust estate.
He claims that there are three other ben
eficiaries of the estate, "to-wit: Three
children of C. C. Taliaferro and Mary NJ.
Barclay, afterwards Taliaferro."
The petition shows that Mary NJ. Bar
clay, afterwards Taliaferro. died about
four years ago.
Other grounds set froth for the removal
of the trustee of the estate, are, in the
language of the petitioner, as follows:
"since the death of Mary NJ. Barclay, af-
forwards Taliaferro, C. C. Taliaferro con-
tinued to furnish the petitioner with what
was necessary for his education and sup
port up to a period of about one year ago;
since that period of about one year ago.
said Taliaferro has totally failed and re-
fused to furnish anything to petitioner.
cludes petitioner from participant
ing in the trust estate and
the income thereof although the said Tai
iaferro well knows petitioner is entitled
to so participate; said Taliaferro has never
expended for support of petitioner any
thing approximating petitioners real inter-
est in said trust estate, or the income
thereof
Petitioner further shows that the said
Taliaferro is an unfit person to handle
said trust estate as trustee
Waving all discovery from defendant
both individually and as trustee petition
er prays:
THAT an accounting be had between
petitioner and said estate, and that he be
allowed credit for all of his share of the
estate in said deed described and the re-
suits, proceeds and increase thereof.
That this suit operate as a lis pendens
upon all the property specified, that he
be removed as trustee and a successor be
appointed by the court.
That process issue requiring defendant
to be and appear at the next term of this
court to answer petitioners coaaplaints
petitioner to have such other and further
relief as may be right and proper"
Such are the claims of the petitioner and
the demands made of the court. 1t is es-
timated that the estate which fell to
amounts to something like $500 600, and
that young Young tombstone, who sues
for one-quarter interest in the estate
held in trust, will, if his claim is estab-
lished by the court, come into possession
of at least $4,000 of the amount
The property originally belonged to the
late Mary Marshall of this city, who made
a will May 3, 1874, in which she left the
bulk of her estate to Mary Barclay, daugh-
ter of her adopted daughter, Margaret
Marshall. A trust deed was given accord
ing to these directions to j. j. Warning. as
trustee. Afterwards Miss Barclay mar
ried c. c. Taliaferro. She died, as the
petition recites, about four years ago.
leaving three children, of which Mr. ITALIA
ferro is the father.
1t is not known when this suit will
come up for a hearing. The criminal
branch of the court will probably hold
over until the middle of July, when the
civil work will be taken up, and owing
to the significance of this suit it will
probably be one of the first heard
-S-o-S-~
IN af~rNr M urfrrWs W.