The sun. [volume] (New York [N.Y.]) 1833-1916, 1900-09-01
MUST RESTORE A FORTUNE.
TRUSTEES or the JASON OGE ES-
TATE OWE 1T OVER $500 600.
One OF Them Is Thomas Rogers a Son, ana
the Other Former state senator Csuid"eii
MONEY Due 20 Mr.. Rogers Daughters
Order in Case BY Justice GidersleeNe.

According To a decree Of Justice Glldersleeye
OF the supreme Court entered Yesterday n
large dedication has been found IN the estate
~ Jason Rogers, founder Of the Rogers Loco
motive Works, aud forne state Senator VII
liam Cauldwcll and the tc.tator's son. lholnas
Rogers, urc required. In terms when mako
Noncompliance punishable with lmprlsoh'
ment, to restore the moneys. Jason Rogers
who lived In Morrlsania, where he owned much
property, died on Aug. %, 1903, leaving an
estate of upward OF 100000 arg pro-
vision was made for his three children, Thomas
Mary J. WesterGeld and Flora L. Rogers ASIDE
from property In the upper part OF ths cty'
the estate consisted mainly oil stock IN the
Rogers Locomotive Works at Paterson Whlch
It has recently been decided 10 close up ana
some railroad securities.
Trusts were created for the daughters WIN
remalnderr over 10 their issue. and after the
death Of the widow the whole OF the residuary
estate was to DO divided 10 three parts for the
children. The widow died several years ago.
and property tied up during her life and until
his Youngest daughter attained her majority.
Including ali the residue. could have been dis
tributed. The son Thomas was made an eN-
ecltor and trustee by tho will columbus
c. Rogers, a brother Of tho t~estator. who had
also been a trustee under the will, resigned in
1854 and william caldwell, whose daughter
had married Thomas Rogers. was appointed
trustee In lbs place, -
The present action was nrOughtDy ue uaugH-
tors, Mrs. Nesterfcld and Miss Rogers. on al
legations Of nlisappropriauon 81 The lUhds OF
the estate. 1t was asked MAT the court tHcef
tain the amount Of We nts%Epf"pI U pnrs a' in
the estate must be applied 20 the payment OF
the money found due. surrogate Slkmano OF
Westchester county. In 1907 bad aso f9lhl a
p,I4opTrpprt ati,p pf tina fund. and his UlllNE,
so far as II goes. Is held 20 be conclusive aHhllS'
Trustees C~auldwell and Roger. These tru'-
tees had accounted up 10 Sept. l, 1898, auu 'n~
presen, decree passes upon tbeir accoYols rom
that time up 10 their present removal OF ApI'
20, 1905.
The present action was referred g Angus
tus {. Brown as referee, aud Il Is on his report
that Justice Glider leere has MADE 'ht u'',Ss,
1t was shown that 1houa. RoEers. Who NE
iet bi. uncle. Columbus T. Rogers, couduCt tie
Affairs q ihe trusts and When . auldTsu was
Rogers permitted C~audwell 70 manage the
estate II II not shown That. Thomas Rogers
m~isapprppristed tho funds 81 the estate. a.
though he overdrew his account. while there
oycrdravsl, but the liability Of Roger ior th9
moneys taken BY. C4nldwsa Is pIGfca,SqI
Tor CauldvelI and he, admitted that he
could have ascertained that the tecqT-
itics 81 the estate were being taken by aud
well. In one matter. however, It Is said there
vac direct ConnlNance on hs ! ART WIN tHe MS
Appropriation Of (suldweN.
Roger. did not appear TO know OF the mis-
appropriations Of Carldwell until CatldTcll
told linn in 1905 that he had takon el3i,Ovl anu
wanted to make IL $3.50 O1 Ihey ,negotlat'd
together as 90 how the money cuuld be TalsvI'
and secured II by calling ia MORTGAGES Calld-
well turned over to the estate as security ue
Hotel Empire and property on jerome avenue;
j vas arranged that he was 70 have mo h9trl
hack on paving tij7. oOO, and the jerome avenue
lots on paving $4,000 Rogers did not t"ll hi7
sisters of these matters Cnuldwell continued
TO conduct the hotel without payins rent 20 NE
lost money in 1898 and 1904 in the purchase OF
daily and attempted 10 sell 70 the Hdvoea,Ss Of
free. silver. He sold the NeLcurg To- Nnhaam1
payment. caldwell did not redeem these prop
critics from the Rogers estate.
The decree OF Justice Glldersieeve nnds mat
the two trustees are indebted to the estate and
the trust funds as follows: Principal Of the
Iesidusry estate si6o:asSas. trust fund tot
fund, 500, $50 a. trust fund for Flora +. Rogers.
ss,s.l. p; income Of this fund. t6i.6 2 80. Thomas
Rogers obtained advances from the estate Of
already due him, so that the sum Is cut down
10 about s25.oOO, II is required by the decree
that the sums necessary g. make goot ne trlst
funds must be paid 70 William Shlllabe' a.
the present sole trustee and the arrears OF In
come shall be paid 20 the beneiciaries
The properly which CauldWell turned over
20 the estate /. to be sold and the amount real
taken. The rest OF the DEFICIT will be taken
wii Co. ~ they are held Jointly liable. All
, ,hfl r ST Mp gii GI,S5s and SI Yt ;Gr p F"sers d dly We Sf
90 that Thomas Rogers u credited with a third.
and the daughters get a third each absolutely.
The estate remslnine consists largely Of prop-
Rogers should exceed the balance q the sums
misappropristed, he Vl get the difference.