Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1899-08-10
CALDWELL HEIRS FORTUNATE.
To Receive ST .699.00 on Deposit in the
name OF "a Man who Cannot bo Found.

To Receive SI.699.00 on Deposit in the
name OF IA Man who Cannot no Found.
Heirs of Daniel Caldwell, colored,
deceased, formerly of this city, arc TO
receive 81, 600. 90, which is on deposit
in tho Pruyident Institution for Saw
ings in Boston, Mass, in tho name OF
Daniel Caldwell, trustee for Richard
Caldwell, for tho reason that the court
has been unable to find Richard
CALDWELL and, from an investigation
which has boon made by authority OF
the court, tho presumption is that the
name is fictitious and the money was
actually tho property Of Daniel Cald-
we'll. j. Harvey Whiteman, who was
appointed auditor by the Court OF
Chancery to make an Investigation
concerning the matter. has performed
that duty and reported rs outlined
above and his report has been approved
by the Chancellor.
In accordance with the report OF Mr..
Whiteman Chancellor Nicholson will
make an order in u few days directing
that the money, less the court expenses,
be divided among Susan Burford, All
sic Ann Jefferson, Perry Thomas Walker
and William II. Caldwell, administra--
tor of Mary Elizabeth Sturms, and
William ii. Caldwell, administrator OF
Ann Bell Ross, legatees under the Will
of the late Daniel Caldwell, upon whose
petition the court began the investiga-
ton concerning the mysterious ac-
count.
Mr.. Whitoman, in bis report, says
he visited Boston on June I'D last and
visited the Provident Institution for
Savings, where he examined the &C
| counts of tine late Daniel Caldwell and
| Daniel Caldwell, trustee for Richard
Caldwell, and found that Daniel Cald-
well oponed an account there on No
vember Goth, 1928, by derositing S2S.
He added to his deposits from time to
| time, and on November 9th, 1912, when
the amount was S753 10, whom he with
drew 1858. 10, leaving an even $500, and
on the same day opened new account
in tho name of Daniel Caldwell, trus-
tee for Richard Caldwell, 1898 being
deposited to the latter's account.
Both of these accounts were continued
until the death of Daniel Caldwell,
showing that he had made deposits and
drafts from time to time during the
whole period.
Mr.. Whiteman was unable to obtain
any knowledge of the existence of
Richard Caldwell, the books Of the in
stitution showing nothing of his iden-
tity beyond his birthplace, which is
indicated by ditto marks under the
description given of Daniel Caldwell,
and his occupation likewise indicated.
The birthplace of Daniel Caldwell is
given as Maryland and the occupation
as that of laborer. 1t appears that at
the time the account of Daniel Cald-
we'll, trustee for Richard Caldwell, was
opened, there was by law of the insti-
tuition which forbade the allowance Of
interest on deposits in excess of $500,
and it was "A common practice for de-
rositors to open new accounts and de-
posit such excess to such accounts,
Distinguishing such accounts from each
other by reciting the depositor as trus
tee for some fictitious person. The
practice was for the purpose of eyad
ing the bylaw above referred 10. This
practice was well known to the officers
of the institution, and In fact woulC
be suggested to the depositors by then
as means of continuing their deposits
Such accounts were known as blind
or fictitious trusts. In case of /;
bona fide trust the records OF the insti
tuition would disclose some Knowledg,
of such person. That such practic,
obtained to great extent is established
by the testimony Of Henry Parkmai
and Frank q. Brewer, the treasure
and chief clerk. respectively, of tn
institution, which testimony Mr.. White
man submitted to the court.
Further examination OF the account
shows that on the 9th of January, 1888
Daniel Caldwell drew an order TO
S69l. 20 on each of the accounts in tn
Boston institution standing in hi
name and that of Daniel Caldwell
! trustee of Richard Caldwell, and tn
aggregate of the two drafts was de
posted in the National Bank of Della
: ware on January 18th. 1883, to the per
sonal account OF Daniel Caldwell an
were always treated as his individua
! property. This information, which wa
) obtained from Henry Baird, cashier {
, the National Bank Of Delaware, is cor
I roborated by Daniel Caldwell, Jr.
, executor of the last will and testamer
0 of Daniel Caldwell. Mr.. Whitema
$ expresses the belief that the deposit i
S the name of Daniel Caldwell, truste
for Richard CALDWELL was fictitiou
trust and SO reported to the court, an
also stated that the money deposite
n to the trust account was CALDWELL
q personal property and passes under tn
v last bequest contained in the last wi
q and testament of Daniel Caldwell, d,
ceased, and, therefore, should |
divided pro rata among the person
: mentioned above.