The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-11-28
ALBERT sCHEFFER HOLDS IT.
JUDGE WILLIS APPOINTS SHERMAN
E.. DAY REFEREE TO MAKE A
REPORT.
,ME SENSATIONAL CHARGES
SOME
Application for the 0usting of
Col. Scheffer.

district court for the removal Of Albert
Seheffer as trustee Of a trust fund
amounting to s14, SEQ, alleged to be held
by him for the benefit of the children
Of the late Frank Small Sr, and Mary
C. Small The former died in 1884, and
the latter in 1896. The petitioners for
the removal Of Col. Scheffer as trustee
are Annie S. Liggette, Lucie N. Gaitree.
Frank r. Small, Charlotte B. Small
and Reuben L. Nye as guardian Of the
estate Of Kate Small. a minor, seven
teen years of age.
The petition alleges that upon in
formation and belief that Albert Schef-
fer, who was appointed trustee of a
trust fund amounting to $14,6OO has
squandered and misappropriated the
said trust fund and that he had failed
and refused to deliver the same or any
portion thereof to the petitioners or
any of them, although demand for such
payment has been made uopn him.
The petition recites that the petition
ers are the only children of Frank r.
Small ST., and Mary c. Small, both of
whom died in Ohio at the dates already
mentioned; that in March, 1875, the said
Frank R. Small Sr., and his wife Mary
c.. filed a petition in the district court
OF Ramsey county setting forth the ex-
tstence of a certain trust fund amount
ing to $4,000, held by one Pierre C. Du-
gan, of Baltimore, Md, as trustee
under the appointment Of the circuit
court of Baltimore. for the benefit of
Mary c. Small for life, and thereafter
for the benefit of her children. Con-
tinuing, the petition of Mr.. and Mrs
Small recites that they had become.
residents of st. Paul and were DESTROYS
o. having the said trust fund trans
ferred by Dugan to a trustee to be APP
pointed by the district court of Ram
sey county in order to invest it in real
estate, bonds and mortgages in st.
Paul, yielding a net income of 10 per
cent per annum. In May, 1875, the
Ramsey county district court made an
order granting the petition and ap-
pointed William Rhodes such trustee.
Mr.. Rhodes accepted the trust duly
qualified as trustee and received the
trust fund from Dugan, amounting TO
$4,000. Thereafter IN February, 1881,
Mr.. Rhodes died and on the application
of Mr.. and Mrs. Small, the district
court named Gen. r. w. Johnson as
trustee, but Gen. Johnson declined TO
accept the trust Thereupon, so the
petition recitess the Court appointed Al
bert Scheffer trustee-,OE the trust fund
and required him to furnish a bond in
the SUM of $25, zoe. Cox fSeheffer &C
cepted the trust. fttr9ffsheef a S2550gO
bond, which was approved and re-
ceiVed, the full amount of the trust
fund, so the petition alleges. Col.
Scheffers sureties were George W.
Beeht and John j. Penner, beth OF
whom have since departed this life.
The petition alleges upon lnforma-
ton and belief that Albert Scheffer
never applied to the district court for
directions as to the investment of the
trust fund, as by the order appointing
him he was required to do, and never
invested the money in accordance with
any authority received from the court,
but on the contrary at all times who'll
~ ignored and disregarded the terms
of the order requiring him to hold and
invest the trust fund under the orders
of the court; that upon the death OF
Mrs. Mary C. Small, her children, the
petitioners, became and are the sole
beneficiaries of the trust fund and are
entitled to the immediate possession
thereof.
Then follow the allegations quoted at
the outset that they have demanded
that the money be paid over to them;
that Col. Scheffer has refused and ne
elected to deliver any of the fund to
them: that he has failed to furnish
the petitioners with any statement of
the condition of the trust fund, and
that the bond given by Col Scheffer Is
worthless, because of the death of the
sureties, who. it is alleged, left no
property available to secure the repay
ment of the amount n1fsappropriated.
Wherefore. the petitioners ask for the
removal of Col. Scheffer as trustee and
that he be required to Immediately ac-
count for and pay over to the petition
ers, or TO a trustee to- be appointed by
the district court to receive the same,
all the moneys received by Col Schef-
fer as trustee.
Upon the presentation of the petition
to Judge Willis, Sherman E. Day was
appointed referee to report as to the
amount due the petitioners and also to
investigate and report all the facts
with all convenient speed