The evening times., 1899-10-02

Papers were filed today in suit in equi-
ty by 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, through their attorneys,
against Robert D. Weaver, as administra-
tor of the esctate of Rebecca S. Weaver,
asking for an accounting. The amount in
volved is s14s,57190.
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 stocks and
bonds OF the Metropolitan Railway Conn.,
pany to his sister Rebecca S. Weaver, dur
ing her lifetime. Upon her death, how
ever, it was directed by Thomas Weaver
that the stocks and bonds referred TO should
revert to the complainants in these pro-
ceedings. 1t is also made part OF the record
that Rebecca S. Weaver died July 20, 1898,
and by her will appointed the defendant.
Robert d. Weaver, executor of her estate.
At the time of his death it is stated that
weaver (WHICH Shdi co vi e1S
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 complainants mentioned above.
1t is further alleged that while the stocks
were owned for life by Rebecca S. Weaver,
certain bonds and certificates of indebted
ness were issue 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, ii is stated,
were desirable investments, bearing inter
est at per cent year. These bonds and
certificates, it is further stated formed
part of the body of the estate OF Thomas
Weaver, and should have reverted to the
complainants, as remaindermen 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 1000, for
which she paid $4,000, and that since her
death, on April IA, 1891, these stocks have
become worth s., 800 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 game 1000, 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 $50, 6,571.90.
The complaint further alleges that all OF
said bonds were convertible into stock of
option of the holders, and that a portion
of the certificates known as series "a
were also convertible rs also were 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 trustee, for the
| interests of the complainants, who were
not given any privilege to receive any por-
| tion of the bonds or certificates, allotted
| to 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 his tes-
tatrix. Or, if it should be developed that
Rebecca S. Weaver sold any of the stock,
that the court order an accounting