Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-11-28
HIS REMOVAL Wy.
IS DEMANDED

San Francisco. Nov. 2S.-Mrs. Mary
Leliah Yard-Buller, whose freaks nave
been the subject Of much gossip here and
in England, now has a guardian, William
B. Greenenbaum. She has been declared
mentally incompetent and Greenenbaum
; is in charge of her estate. Yesterday he
had a new complaint filed in the superior
court here in the suit brought against
Ernest Fl. Wakeman to get her property
in this city and Oakland out of Wake
mans control. Mrs. Yarde-Buller's two
sons, Ralph X. Blair and Arthur X. Blair,
are also plaintiffs in this action. Arthur
X. Blair, being a minor, is represented by
a guardian, William Gross.
Wakeman holds the property as truss
tee. The deed of trust was made to him
on March "a, 1898. Mrs. Yarde-Buller
/ was then in i'll health. the complaint
states, and unable to manage her bust
ness affairs. She had confidence in Wake
| man. whom she believed to be an honest,
upright and capable business man. The
property conveyed to him consisted of
the real estate at the southwest corner of
Battery and Pine streets, in this city, and
five lots in Oakland. The business prop
erty in this city has been yielding a
monthly income of more than $40. it is
stated. The deed provided that Wake
man was to apply the income to the sup
port of Mrs. Yarde-Buller and her two
sons, but the complaint alleges that he
has appropriated the larger part of it for
himself without her consent and with no
authority. He has refused to account for
the rents, though frequently requested.
The complaint continues:
Ernest II. WakSman is a man wholly
without means and without any income
whatever, and is a mere adventurer, who,
by taking advantage of the illness of the
plaintiff, Mary Leilah Yarde-Buller, has
caused himself to be appointed the trus-
tee of all of her property, and has ever
since entering u pom the discharge of his
duties as said trustee been embezzling
and appropriating to his own use the
rents, issues and profits of said trust.
Unless restrained by this honorable
court from further collecting the rents,
issues and profits of said property, the
defendant will continue to collect the
rents and receipts of said property and to
appropriate the same to his own use, and
the said moneys will be wholly lost to
plaintiff.
1t is provided in and by the said deed
of trust that Ernest Fl. wakeman shall
have full power and authority to mort
gage or lease the said real property and
every part thereof for the benefit of Mary
Leilah Yarde-Buller during her lifetime,
and according to the information and be-
lief of plaintiffs unless restrained by this
honorable court from SO doing, Ernest H..
Wakeman will mortgage or lease the said
real property or a portion thereof for his
own use and benefit and in utter disre-
gard of the tights of the benefciaries
under said trust, and by reason of the
said insolvency of Ernest II. Wakeman,
the plaintiffs will be wholly without any
remedy whatever.
Judge Daingerfield has. therefore, been
asked by Fitzgerald & Abbott, attorneys
for the plaintiffs, to declare Wakeman
unfit to execute the duties of trustee, to
remove him and appoint some one in his
place, to make him account for what
money he has received, to appoint a re-
ceiver at once to direct the receiver to
pay Mrs. Yarde-Builer 5000 a month and
each of her sons $25. and to restrain
Wakeman from doing anything further.