Evening journal., 1897-09-22
ON SERIOUS CHARGES
Suit to Remove Two Trustees of
Millionaire Rogers Estate
EMBEzzLINC LAID At THEIR DOOR.
One of the Trustees a Son OF the De-
ceased, the Compiainants His Two Sis
ters, and Nearly s213,BOO Is
the Alleged Denclt.

NEW YORK. Sept PA summons
and complaint filed in the county
clerks Office here asks for the removal
OF two OF the three trustees Of the es-
tate Of Jason Rogers. the millionaire To-
comOtive builder at Paterson, N. j.,
VINO died at A1orrisania, n. Y, in Au-
gust, ls6S. on the ground of misappro-
priation and embezzlement. These
charges are made at the instance OF
Mrs. Mary j. Westerfield and her sister,
Flora r. Rogers. daughters OF Rogers
and heirs TO the estate. The trustees
accused are Thomas Rogers. brother OF
the complainants and also one of the
heirs and William Cauldwell. The
third trustee. who is said to be blame
less in the wrongdoing, is William Shill-
aber, lr The latter. IL is stated. is
willing to resign his trusteeship.
Trustees Rogers and Cauldwell, the
papers state. in September. 1898, pre-
sented their accounts to the surrogate
of Wcstchester county, n. Y. i'm which
they claimed TO have a balance on hand
Of the principal trust fund of S4S3, ,5SS.76
and ON account of the special estates in
trust for Mary J. Westerfield SIPS, ,953.fS
and for Flora T.. Rogers S145, 5,sS662.
The complaint next says:
Since the entry of the last decree the
plaintiffs have learned that at the time
decree was entered the defendants, VIII
liam Cauldwell and Thomas Rogers, did
not, In fact, have the same or anything
like the amount they claimed to have
in their possession; but, on the con-
trary, a very considerable part OF the
assets and amounts wherewith they
were charged as such trustees had been
withdrawn ana misappropriated by
them la and prior 10 January 1896. and
that there was then a deficit Of S2l3,-
4S0s5. which sum the said William
Cauldwell and Thomas Rogers have ap-
propriated and applied to their own use
In violation of their duties as trustees
and OF their duty 20 plaintiffs."
IL is said that as a result Of the mis-
appropriation OF the funds of the trust
estate the latter has been seriously imr
poverished and wasted and that the
plaintiffs are not in receipt of sufficient
amounts for their proper support and
maintenance as designed by the testa-
tor
In conclusion, the two sisters say that
The trustees are still in possession Of
all the property Of the estate which
their brother Thomas and Cauldwen
have not misapproprated and embez-
zled and ask that they be removed un-
iii suitable trustees and q receiver are
appointed 10 look after the estate. In
addition the sisters ask that proceed
ings be taken TO recover the amounts OF
the deficits and that Thomas Rogers
be debarred from any further interest
or claim in the estate until the amount
of the deficit is paid back.
When Jason Rogers died. he. before
creating the trust fund for the benefit
of his son Thomas and two daughters
provided literally for them with abso'
lutte bequests and in the case of Thorn
as he was left large number OF bonds
and mortgages 100 shares in the Rogers
Locomotive works at Paterson. N. j..
and stock I'm the Paterson and Hudson
River railroad and the Paterson and
Ramapo railroad.
Among the property left by Jason
Rogers which figured in his large es-
tate was extensive real estate In the
upper part of this city. principally IN
the Harlem and Annexed district.