The San Francisco call., 1899-09-14
FRAUD CHARGED
TO CAP TAL|ST
MARTIN CARTER
Accused of withhold
ing Properties.

Martin Carter, as executor of the will
of his deceased brother, Thomas Carter,
the millionaire carbuilder of Newark, has
been deposed by Judge Trout and he now
rests under the stigma of being the per-
petrator of a fraud against the estate of
the deceased. For the time being at least
he has lost his office as executor of his
dead brothers will, and unless on the 22d
inst he can bring proof that he is wrong
fully accused letters testamentary held
by him will be revoked and the manage
ment of decedent's estate will pass into
other hands.
Yesterday morning Attorneys Stone &
Stone and Thomas d. Riordan appeared
before Judge Trout and asked that the
powers of Martin Carter, as executor Of
decendents will, be suspended and that
a special administrator be appointed. In
support Of the motion an affidavit was
filed by William G. Black, making specific
charges of fraud against the executor
After a brief hearing Judge Trout
granted the motion, suspended the pow
ers of the executor and appointed o. G.
Cotton special administrator, fixing his
bonds at $4,000.
In his affidavit Black alleges that on
January 5, 1898, Martin Carter, executor
of the will of the late Thomas Carter, re-
turned an inventory and appraisement of
what purported to be all the property be-
longing to said estate, wherein the prop
erty of the estate was appraised at $1l,-
646 o. This inventory, he alleges, is not
a true inventory of all of the estate of
knowledge and in the possession of the
executor
In the order made by Judge Trout sus-
pending the executor he says:
1t appearing from the affidavit of William
G. Black that the inventory and appraisement
was not q true inventory OF all the property
that has come into the hands OF the executor
has concealed properties belonging to the
estate of the deceased.
And 1t further appearing therefrom that said
Martin Carter has in his possession and knowl-
edge bonds. contracts and writings which con-
ain certain evidences of and tend TO disclose
the right, title and interest and claim of ue-
cedent to certain property which Martin Carter
failed and neglected TO include in the inven-
tory filed herein:
And it appearing that decedent and Martin
Carter were at the time of his death partners,
doing business under the name of Carter Bros,
and that said inventory contains no mention
of decedents interest in said partnership;
decedent lust prior to his death was seized
and possessed of valuable real estate in the
counties of Alameda, Santa Clara, Kern and
the city and county of San Francisco, and that
said Martin Carter is claiming title thereto,
adversely to said estate under deeds from said
decedent dated few days prior to his death.
which said deeds were not delivered to said
Martin Carter, and which said real estate was
not delivered to said Martin Carter included
in said inventory, nor was any part thereof.
Now, therefore by of the above
charges. the court having reason to believe
that said Martin Carter has committed fraud
upon decedents estate and has neglected to
perform his duty as executor in failing to re-
turn in the inventory property known by him
to belong to the estate of the deceased
It is hereby ordered that the powers of said
Martin Carter executor of the will of the
late Thomas Carter hereby suspended until
the further Investigation by this court and
until the further order of this court.
1t is further ordered that notice Of such
be given to said Martin Carter by
service upon him of copy of this order and
that he be cited TO appear before this court
On the 22d day of September. 1s99 at the hour
Of 10 o'clock a. M. then and there to appear
and show cause why the letters testamentary
issued to him should not be revoked