New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-09-22
ACCUSED BY HIS SISTERS.
xlsAPPRoPRIATIoN CHARGED AGAINST TRUSTEES
oF THE ESTATE OF JASON RoGERs.

MISREPRESENTATION CHARGED AGAINST TRUSTEES
OF THE ESTATE OF JASON ROGERS
The fling Of summons and complaint IN the
County Clerks office yesterday disclosed serious
charge OF misappropriation and embezzlement made
by Mrs Mary j Westerheld and her sister, Mrs
Flora f. Rogers. against their brother, Thomas
Rogers and William Caldwell The complaint is
in suit brought by the sisters have their brother
Thomas William Caldwell and William ShiNaber.
jr removed trustees under the Will OF their
father. Jason Rogers, Of locomotive fame, who died
at the family mansion in Morrisania on August 25
1865 leaving a large of 100000. Accord
ing 20 the complaint. drawn up by Wilson & Wallis.
of No IS Wall-st., counsel for the plaintiffs. William
Shiaber, the third trustee, only became one min
the last year. He Is not accused OF any wrongdoing
In connection with the management OF the estate Is
willing to resign his trusteeship, and is only made
Marty 10 the suit because the other trustees de-
cline 10 be ousted
BY their fathers will the plaintiffs a,lege, he ap-
pointed his brothers. Jacob S Rogers. Columbus d.
Rogers and Theodore Rogers and his son, Thomas
Rogers executors, to whom he gave all his large
estate after making certain requests TO his children
and widow In trust only. and he appointed them
trustees Of several express trusts for the use and
benefit OF his two daughters. Mary and Flora Inc
complaint continuing says that only one or thelr
uncies Columbus r. Rogers, and their brother
Thomas qualified. and they continued 10 act as trus-
tees under letters tostamentary granted to them by
the Surrogate until June :, 1856, when Columbus X
Rogers resigned, and William CauldweH was ap-
pointed in his place. Caldwell and their orother
Thomas then served trustees until September,
1898 when they both presented their accounts as
trustees to the Surrogate OF Westchester County
and in the account II is alleged. they stated they
had balance on hand OF the principal trust fund
of siS35SS 76 and on of the special estates
in trust for Mary j. Westerfeld $l2sso3 49, and or
Flora Z. Rogers si5,SS6 g.
The Surrogate approved OF this account, but the
sisters say they subsequently had the decree
opened and the account readjusted and recast from
which decision they say. their brother and Caald-
well have appealed, and it appears that 1t has been
since the filing OF this account that William Shilla-
ber IT, became a co-trustee.
The complaint continuing says
That since the entry of the last decree the plain
tffs nave learned that at the time the decree was
entered the defendants. William CauldweT ana
Thomas Rogers. did not. in fact, nave the same OF
anything like the amount they claimed 10 nave IN
their possession, but on the contrary very consld-
cradle part OF the assets and amounts wherewlth
they were charged as such trustees had Deen with
drawn and Incorporated by them IN ana PRIOR
TO January 1896, and that in said month or January
1906 there was a deficit to the extent OF s-I3 4eo 10
which sum the said William Caldwell and Thomas
Rogers have appropriated and applied TO their own
use In violation of their duties as trustees ana OF
their duties 10 the plaintiffs