The times., 1899-10-03
HEIRS SUE AN EXECUTOR
An Alleged Withholding of Valu-
able Stocks and Bonds
Complaint Filed by LeGatees to the
VIII of the Late Thomas weaver
Securities OF Metropolitan and CO.
Iumbia Street Railways InvoIy-
ed - An Accounting Demanded.

suit involving the ownership OF nearly
$50, 900 worth of bonds and stock of the
Metropolitan and Columbia Railway com
panies was begun yesterday in the Supreme
Court of the District The parties TO the
suit are John L. Weaver, Walter t. Weaver,
David F. Weaver, Edward Baker Weaver,
Charles H Weaver, Louis William Men.
Weaver, Susan r. Merriman and George A.
Weaver, infants, who, through their at
torneys, Edwards and Barnard, bring suit
against Robert D. Weaver as adminstra-
tor OF the estate of Rebecca S. Weaver,
asking for an accounting. The amount in.
yolved is s14S, ,571.90.
1t is explained in the bill that the com
plainants are the only children of the late
Charles Weaver and are the legatees men,
toned in the will of the late Thomas
Weaver, who died in 1884, in this city.
Thomas Weaver left lot of stock and
bonds of the Metropolitan Railway Com
pany to his sister, Rebeeca S. Weaver, dur
ing her lifetime. Upon her death, how
ever, it was directed by Thomas Weaver
that the stock and bonds referred to should
revert to the complainants in these pro
ceedings. It is also made part of the record
that Rebecca s. Weaver died July 90, 1888,
and by her will appointed the defendant
Robert D. Weaver executor of her estate.
At the time of his death it is stated that
Thomas Weaver owned ,705 shares of the
capital stock OF the Metropolitan Railroad
Company, and 42s shares of the capital
stock of the Columbia Railway Company
and that during his lifetime the dividends
upon this stock were paid to Rebecca S.
Weaver, by the defendant, as the executor
OF Thomas Weaver, and that since her
death the stocks have been surrendered to
the compliments mentioned above
1t is further alleged that while the stock
was owned for life by Rebecea S. Weaver
certain bonds and certificates of indebted
ness were issued from time to time, by the
Metropolitan and Columbia Railway COM
panies, and allotted to the stockholders, on
payment by them of their par value
These bonds and certificates, it is stated
were desirable investments, bearing inter
est at 6 per cent a year. These bonds and
certificates, 1t is further stated, formed
part of the body of the estate of Thomas
Weaver. and should have reverted to the
compiainants, as remainder-men In case
the defendant held them as executor or
trustee of the estate of Thomas Weaver
1t is alleged, however. that the defendant,
as executor. did not take hold of the bonds
and certificates in question, allotted to the
stockholders, but that Rebecca S. Weaver
did take large amount of them, for which
she paid par value, and that the railroads
! used the money received for the purpose
of extending their roads.
1t is said that Rebecca S. Weaver ac-
cepted, by reason of such allotment sixty
one bonds of the Metropolitan Railroad
Company. each OF the value of $1,000, for
which she paid $4,000, and that since her
death, on April IA, 1891, these stocks have
become worth $4,000 per share. 1t is also
shown that Rebecca S. Weaver received
| sixty-two bonds of the Columbia Railway
Company, each valued at $500, paying for
The came s31,000 and that on April IA,
1899, these stocks were worth $3.50 each.
1t is said that she also received by virtue
of such allotment certificates of indebted
ness issued by the Metropolitan Railroad
Company bearing interest at the rate of
6 per cent per annum, aggregating in par
value s56.571.90.
The complaint further alleges that all of
said bonds were convertible into stock of
the Metropolitan Railroad Company at the
option of the holders, and that portion
of the certificates known as series a,
were also convertible, as also were a part
of series b
The complainants state that they are ad-
vised by counsel that the taking of the
bonds and certificates by Rebecca S.
Weaver constituted her a trustee TOR the
interests of the compliments who were
not given any privilege to receive any por-
tion of the bonds or certificates allotted
70 the stockholders, Notwithstanding their
title in remainder. 1t is also stated that
they have signified their willingness and
readiness to pay the defendant the par
value of all of the bonds and certificates
and have demanded their delivery which
has been refused.
The court is now asked to compel the
defendant to deliver to the complainants
the bonds and certificates, upon the pay
ment of their par value. paid by the tes-
tatrix. Or, if it should be developed that
Rebecca S. Weaver sold any of the stock,
that the court order an accounting.