The Providence news. (Providence [R.I.]) 1891-1906, 1898-11-12
Mrs. Davidson Asks Receivers Appointment
10 Collect on Mortgage.
HER DAUGHTER DOES NOT AGREE.
Mrs. Sheldon Desires 10 Receive Under he Stat.
ute 10 Collect Rents Of propsny---Afier Long
Argument Case Was Held For Amusement,

A dispute i'm which one daughter
other daughter led to very interest
ing question before Judge Rogers in
the appellate court this morning. There
are two equity cases arising from the
dispute, and both these cases were
somewhat considered by counsel in
their arguments and also by the court
i'm it's questions. TIE courts attention,
however, was brought TO the matter in
dispute by Attorney Gerald of the Of
flee OF Edwards q Angel, who wished
a receiver appointed under chapter 276
OF the General Laws.
The complainant in one of the equity
cases was Jennie Follett and the re-
spondent Fanny -. Sheldon, ct. al 1t
was in this case that Mr.. Gerald asked
for the appointment OF a receiver under
chapter 276, which provides that where
tenants in common or joint tenants
cannot agree as To who shall collect the
rents they may go TO the courts and
have a receiver appointed. A receiver.
pending the appointment of a tempo
rary receiver had been appointed in the
person of Henry p. Stone by a justice
OF court, on the presentation of
the that. Mrs. Sheldon and Bertha
". NAN4Se, "a sister OF NlfS. onclQOu, ud0
the legal title TO the property.
The bill in equity in which this pro-
ceeding was before the court sought
to establish an oral trust TO pay one
half the income of the property to Mrs.
Elizabeth Davidson, mother of the three
ladies.
f.. S. Hopkins. who appeared for Mrs.
Follett, said he approved of Mr. Ger
aids motion. Cyrus M. Van Slyck.
counsel for Mrs. Davidson, asked that
the court consider at the same time
the case of Mrs Davidson against Mrs
Sheldon, and Mr.. Hopkins asked that
Mrs. Follett be made a party 70 this
bill. The latter request was granted.
and Mr. Gerald not opposing Col. Van
Slyck's request was also granted.
Col Van Slyck said that the prop
erty had been conveyed for family rea-
sons to Mrs. Sheldon. who refused To
reconvey il or to pay the income to her
mother during her life. 1t was agreed
that the property was To be divided
among the three children of Davidson,
who are parties to these proceedings.
on her death. In addition TO the real
estate there were two mortgages,
amounting to $1,000. that had been con-
veyed to the children by Mrs Davidson.
and the interest on one OF these mort
cages was overdue, and Mrs. Sheldon
demanded one-half Of the interest,
while Mrs. Davidson wanted all the in
terest Mrs. Morse agreed with her
mother as against Mrs. Sheldon, and
Mrs. Follett. another daughter, seeks to
have the trust for her mother estab-
lished. Mrs. Davidson in the second
bill asks for receiver 10 receive the
interest due on the mortgages.
Mr.. Gerald argued that the new filing
of bill i'm equity would not take away
the right under the chapter named TO
have receiver appointed where par
ties had the legal title. but the court
seemed disposed to think the language
of the statute only permissive and to
be not too ready to grant the motion
merely on the legal title when equita-
BILE questions had been raised. Judge
Rogers held the case for advisement.