The Providence news. (Providence [R.I.]) 1891-1906, 1898-12-02
CONSTRUCTION OF WILL ASKED
CONTINUED from Page one. )

Continued from Page One.)
Seeber Edwards of Edwards & Angel.
counsel for III. Russell Teel ct. al. ex-
ecutors. maintained that this clause
constituted the executors trustees OF
| the mortgage on the property on Broad
and Stewart streets and of any proper
| ty which may be derived from the pro-
ceeds Of the mortgage and that the ex-
| ecutors have authority to manage thu
estate and To collect the income there
| from.
D. McGuinness. counsel for Sarah T..
| Hilton and Isabel II. Hicks, formerly
Sarah and Isabel Ballou, claimed that
the money which formerly was invested
In the mortgage on the Providence real
estate is to be traced into it's subse-
quent investments. and that all forms
or property into which II may be traced
are to be held during the lives OF Sarah
II. Hilton and Isabel j. Hicks and the
survivor OF them. and the entire net inv
come of such property during their lives
paid TO them and the survivor of them.
When the sum OF $500 was paid on
the mortgage on the Broad street prop
erty Mrs Hlake put IL in three banks,
afterwards drawing $4,000 of it out to
purchase mortgage for that sum from
John Nj. Dean. cottage at Conanicut
Park. where Mrs. Blake had other prop
with the balance remaining of the $500
and some other money
Counsel for Mrs. Hilton and Mrs
Hicks, in support OF their contention
of the rights of their clients to follow
the money paid on the Broad street
mortgage. claimed that this was clear
ly OF the Dean mortgages. The will is
dated March /. 1890, and she had in
vested $4,000 of the $500 i'm the Dean
mortgage on December "a 1889, so that
at the time when testatrix signed her
will $4,000 of $4,000 had already been
placed on the Dean mortgage. and the
testatrix must have intended that Mrs.
Hilton and Mrs. Hicks should receive
the income from the Dean mortgage
Another point TO be passed upon is who
shall receive the net income from the
real estate at the corner OF Broad and
Stewart streets. The equity i'm this
property should be paid to them is
maintained by Mrs. Hilton and Mrs.
Hicks as IL is the direct result and
return of $4,000 of the &2 900 mortgage
The same parties claim that the cot
tage purchased at Conanicut Park. at
least $500 of the purchase price. is
a part OF the money paid on the mort
gage of Broad street property.
In behalf OF Florence ". Teel. n
daughter OF the deceased, a brief was
submitted, in which her claim to the
"Popple cottage" the Conanicut Park
cottage. under clause Ave of the will
were set forth; also the claim that III
under clause five the cottage does not
pass IL was not purchased with the
proceeds from the Broad street mort
gage and passes under the residuarv
clause; that If IL was purchased i'm part
with money from the Broad street
mortgage, and also that certain pecu-
t,tp In "A xfltI I,t
paid at the decease of the survivor of
the testatriX's daughters Isabel and
Sarah. should be paid out OF the prop
erty. both real and personal derived
from the proceeds OF the mortgage of
$4,000 on the Broad and Stewart street
property. and if not sufficient leeacics
should be paid pro rata.
Frederic T.. Carpenter Is attorney FOR
Mrs. Teel. Attorneys Fred l.. Hinckley
and Benjamin w Smith represented
certain legatees under the will and filed
briefs.