The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1899-07-19
A SUIT FOR S5Oo,Ooo|
Brought by 0. I. Holt, Executsr, Atshst
WIN, Rice.
THE TEXT OF THE PLAINTIFFS PETITION
VIII of the Late Eifsabeth
u. Rice.

filed here today by o. T. Holt OF Harris
county against William NJ. Rice for $780,
ooe. This Is said TO DO the heaviest suit
OF this kind In the United States. bond
for cost was fled, accompanying the suit
for sl.ooo.ooo. with o. +, Holt as princi-
pal and j. @. Hutoheson and the Fidelity
Deposit company OF Maryland as sureties.
The petition reads as follows;
In the district court OF Waller county.
Texas, o. I. Holt. executor. Va. William
NJ. Rice.
To the Honorable Judge OF the District
Court of Waller County. Texas.
Plaintiff herein, o. T. Holt, . resident
citizen of Harris county, and q Citizen OF
the State of Texas, In his capacity as In
dependent executor under the last Will and
testament OF Elizabeth b. Rice, deceased,
complaining of William NJ. Rioe. formerly
OF Texas but whose residence Ia now 10
plaintim unknown. but who is now sojourn-
ing, as plaintiff is informed ana believes,
and 80 charges the fact to be, in the State
OF New York. whero he secrstes himself
so that tho ordinary process OF law can
not be served on him. Plaintiff further
represents that the defendant, William NJ.
Rice. was the husband of tho said Eliza
beth b, Rice and that they resided as hus-
band and wife in the State OF Texas and
were citizens thereof and 1t was their
place of domicllc on and prior to the Gath
day of July, 1896. That the said Elizabeth
Il, Rice died on or about the Gath day OF
July 1896. leaving Will in which plaintiff
was made Independent executor OF her es-
tate. That in due course OF time after u
close legal contest on the part OF defend
ant. the said last viii and testament OF tho
said Elizabeth II. Rice was established
on or about tho 22nd day OF March. 1897,
from which decree and Judgment estab-
fishing said will the said William NJ Rice
appealed and on or about the 10th day OF
October, 1897, the said defendant on his
motion dismissed said appeal That the
plaintiff qualified as executor OF said estate
and fled an inventory thereof and ia now
and ever since has been acting as independ-
ent executor. Plaintiff represents that at
the date of death OF the said Elizabeth Is.
Rice the defendant had and stu holds
In trust for her estate among other things
n large sum of money, which came to
mis- possession as community property dur
ing their residence and while they were
domiciled in the State of Texas. being the
proceeds of rent on real estate, interest
on bonds, notes and other Indebtedness
due him and the dividends on stocks and
other securities belonging to him and being
In his name. as the active managing part
ner of the marital Arm, somo of which
and property were the separate and some
Of which were the community property OF
the said defendant and his deceased wife.
the precise nature, character description
and extent OF which tho plaintiff can not
state, because the knowledge thereof is
peculiarly with the defendant. and he re-
fuses TO reveal tho same. That the de-
PENDANT and the said Elizabeth owned at
the date of her death and still owns large
tracts and bodies OF land. some OF which
are situated In the county of Waller. In
the State OF Texas; and plaintiff alleges
that tho defendant holds in trust for tho
estate of ID, b. Rice the sum of. to-wit,
$500 600 in money and In money values.
| which he now refuses to deliver over ana
account for this plaintiff, though often
| thereunto demanded, to plaintiffs damage
| in the sum OF $500, 900 In money and in
money values. which he now holds, belong
ing To the plaintiff and not turned over
to him by the said defendant and defend
ant disputes the claim OF plnintih as ex-
enutor, To any portion of the land belonging
TO the said estate of William NJ Rice and
Elizabeth b. Rice, especially to the land
located and situated in the county of Wal
Ter. in the State OF Texas, the exact num-
Der OF acres and description OF which plain
tiff can not now give. Wherefore he sues
and prays judgment of the court, Premises
considered, plaintiff brings this suit and
defendant as a nonresident and transient
person. and inasmuch as defendant has In
this State and especially In the county OF
Waller In the State OF Texas, vast tracts
of land ON which liability for said sum can
and should be fixed, and innsmuch as de-
PENDANT is about to remove permanently
out of the State OF Texas and has refused
TO pay or secure the debt due plaintiff
herein as executor of the estate OF Eliza
beth y. Rice, then plaintiff asks that wrlts
OF attachment be issued out by the honor
able district court of Waller county accord
ing to the provisions of the statute regu-
lating such proceeding and on Anal hearing
that plaintiff have judgment for said $780,
GOO together with costs OF suit and fore
closure OF attachment lien, and for such
other and further relief. both In law and
equity, to which he may be entitled under
the facts hereinbefore alleged. for general
relief and as in duty bound. will ever pray,
o. T. Holt
Huteheson, Campbell & Meyers. Attorneys
for Plaintiff.