The Providence news. (Providence [R.I.]) 1891-1906, 1898-12-22
Eftct Being Made 10 Collect Out Of the
Trust Estate In Rhode Island.
The CLAIM MADE BY HER COUNSEL.
She is Beyond Jurisdiction Of Courts Of Rhode
Island, and Has No Legal Assets or Property
Here That Can Be Attached.

In the United States District Court,
before Judge Brown, this morning, ar
guments were made on the demurrer of
the defendant in the case of James c.
Hunter against Mabel II. Conrad and
others.
The facts of the case as set forth are
that on March 12 1898, a note for $4,000,
payable to the National Bank of Illi-
nois, in four months, with interest at
per cent. after maturity. was executed
by John H. Conrad & CO., and the de-
fendant, Mabel Il. Conrad: that this
note was subsequently indorsed over to
the complainant, James G. Hunter, who
is the present holder: that S25S3.51 were
paid on said note March 20. 1898, and
that with this exception. the note re-
mains unpaid that on November 6,
1895, action was commenced against
John NJ. Conrad and S. 9. Hunter, COM
posing the firm of John IL. Conrad &
Co., and also against the defendant.
Mabel b. Conrad, and John III. Conrad,
who was the husband of the defendant,
Mabel Il. Conrad. at the time Of the
making of said note, but from whom
she had been divorced on the 18th OF
January, 1895, since which time she has
remained unmarried: that judgment for
$9269.37 was obtained on the 23d day of
| March, 1896, against John ii. Conrad
and Mabel Il. Conrad; that the judg-
| ment bears interest at 10 per cent. from
| the 30th day of March, 1896 that ex-
| ecution was returned unsatisfied on the
21st day of November 1896.
Messrs. Colwell q Barney, counsel
| for Mrs. Conrad. who is a daughter of
| the late j. Il. Barnaby of this city,
| claim that Mabel Il. Conrad resides
| in Helena, Mont, beyond the jurisdic-
| ton OF the courts In Rhode Island. and
that service of legal process cannot be
/ made upon her in this state; that she
| has no legal assets or property I'm this
| state which can be attached in an ac-
/ tion at law. and that no judgment at
! law can be obtained against her I'm this
| state.
| The main reasons set forth why the
| defendant should not be compelled to
/ pay the note are, first, that the trust
/ fund sought to be charged is one in
which the defendant had no interest
except i'm the income thereof, and that
| under tine provisions of the will of
| Jerothmul Il. Barnaby institutng the
| trust fund ii rs provided that the por-
! tion of the income payable to the de-
| fendant shall be paid 10 her by the
/ trustees of the trust estate i'm quarterly
! payments for her own sole and separate
use. but without power TO assign or
| otherwise ALLEVIATE or anticipate the
same on any part of it before il be-
! comes payable To her as aforesaid. Ii
! Is also claimed that at the time of in
| curing the obligation referred To. and
on which the judgment is founded. this
defendant was under coverture and the
| wife of John III. Conrad.
Nathan w. Littlefield for the COM
! plainant, asks that the complainant
may have a lien upon the interest of
! Mabel Il. Conrad In the trust estate,
and that the trustees pay 60 the COM
| plainant from the trust estate belong
! ing to Mabel B. Conrad the amount OF
| the complainants judgment, or il the
court should be of the opinion that the
corpus of the trust estate is not sub
| ject TO such a lien. and the payment of
| said judgments that the complainant
may have a lien upon the income of the
! fund payable To Mabel II. Conrad. and
/ that the trustees may be ordered to
! pay the income of the fund which shall
/ be payable TO Mabel u. Conrad. as ii
| becomes payable. TO the complainant.
The court heard the arguments and
then took the case under advisement.