The Providence news. (Providence [R.I.]) 1891-1906, 1897-04-28
Note Against the Estate
of Anna B. Russell.
Was for $3426 and Was Held
by j. c. Webster, of Chicago.
II Estate Is No, Sufficient Heirs
Must Make Up Difference.

The decision OF the Appellate Court In
the case of John c. Webster, Jr, OF
Chicago, against Edward ID. Bassett, nd =.
ministrator on the estate with will an
nexed Of Anna Bartlett Russell, Home
for Aged Women, Providence Children q
Friends Society. William Russell Greene
of this city, Charles ID. Greene. Jr, OF tho
city OF st. Louis, Elizabeth @. Knight,
wife of Edward II. knight. NJ. d.,
Of this city. was handed down today. 1t
provides that Mr.. Webster shall be paid
S3i26 on note made I'm by the deceased
ON 1872, out OF the proceeds of her estate
in the hands OF MIR. BasSett and If the
funds there are not sufficient then Viii
liam Russell Greene, Charles ID. Greene
and Elizabeth q. Knight shall contribute
20 tho payment Of the note. The estate
ON account of which the note was given
is that Of William Russell who died in
this city, April l2th, 1857. Mr. Russell
Left his estate To his daughter Anna Bart
lett Russell, his son-ip-law, William II.
Drown as TRUSTEES. they TO pay tho
income to testator's wife Rcbecca snow
Russell After the death of the latter IL
was agreed by heirs that there should bo
division of the property but sometime
afterwards II was agreed that tho
property should be kept Intact in order
that Rebecca Snow Russell should bo
had been accustomed TO aud Miss Russell
gave notes 10 the other heirs as she did
10 Mr.. Webster. The property was very
valuable and wa, on Westminster, Pine
and High streets. Miss Russell I'm her
will divided the property without paying
attention to the note Mr.. Webster suci
upon.
The ease was heard on demurrer some
weeks ago by the full court
The defendants In their demurrer to the
bill on several grounds including the
general statute of limitations and OF tic
statute limiting the time in which actions
can be brought against administrators
and also because there was no joint obi-
CATION TO pay the note in question with
the decease and because the complainants
had had an adequate remedy at law which
me lost only by his own laches.
The Home for Aged Women asked per.
mission of the court through its legal
adviser, Honorable Thomas Durlec,
leave TO waive the statute OF limitations,
The language of the rescript is Us
follows:
I'VE are of the opinion that the writ
ings, copies of which are annexed To tfe
bill, consisting Of "A promissury note made
by the testatrix, Anna Bartlett Russell.
and given To the complainants. as set
forth in the bill, and of certain letters
written To the complainantS, one of which
WAS signed by her and another presump-
lively so, the others written in her behalf
by William III. Drown, sufficiently estab-
lish the trust which the complainant al.
leges existed for the payment of said
note and of other similar notes given by
said Anna Bartlett Russell TO the res
rordents, William Russell Greene,
Charles ID. Greene Jr., and Elizabeth G..
Knight, out of the real estate of said
Anna Bartlett Russell, sold by the res
pondent Bassett as administrator, as set
forth i'm the bill. As trust existed for
the payment OF the complainant's note,
it is not barred by tho statute of limita-
lions, and the complainant is entitled to
bc paid the balance due on IL out of the
proceeds of such real estate in the hands
Of the administrators.
The averments of the bill show that
the respondents, William Greene, Charles
ID. Greene Jr., and Elizabeth q. knight,
stood in the same relation under the trust
as did the complainant; and we ure OF the
opinion, therefore, that in the event that
the proceeds of the real estate in the hands
of the administrators, charged with tho
trust are insufficient TO pay the balance
due on the complainant's noto he Is en-
titled 70 contribution ratably from the
said William Russell Greene Charles ID.
Greene, Jr., and Elizabeth G.. Knight"