The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-05-04

II. NJ. Hannah, attorney for Mrs.
Jennie Howcll-Dean, yesterday direct
cd the prothonotary to enter a decree
that the bill in the equity case of Mrs.
Dean against her brother. Franklin
Howell, be taken pro confesso, for
want of appearance and answer within
the time prescribed by the rules Of
court.
The bill was served ON the defendant
April ., but he has taken no steps to
answer or defend within the fifteen
cay limit. and unless he comes In now
and has the proceeding stayed judB-
mont will lie against him by default.
The suit is brought to compel him to
render an accounting of his manage
ment of her estate and compel him to
turn over to her whatever property be-
longing to her is now in his possession.
The bill and the prayer read as follows:
Jennie Dean VS.. Franklin Howell.
Your orator complains and says:
fiist--1lat she is a daughter of Daniel Howell,
deceased late Of the city Of Scranton, and the
defendant above named is her brother. That her
father lett her Il large amount Of property, con
si.tlug OF real estate, bank stock and other
stocks, cash an1 other property to the amount
If about SljOOO0. That at the time oi her faith.
and, hv reason Of her age and want OF business
experience, she WAS not able to attend TO her
business affairs for herself.
That the defendant. her brother. acting as
her trustee and confidential agent, assumed
the management oil her estate to invest, manage
and control it for her.
Secondlhat the said defendant, as such con
t,.cntia agent and trustee, purchased bank
stocks and other kinds of stock. from time TO
l,I,r l,r AT,
purchased real estate in her name and from time
TO time sold and conveyed the same, receiving
the purcssc money into his hands. That he
rented her real estate, made and executed
leases, made repairs upon the real estate, paid
taxes and rcccptcd for rentals, and generally
managed controlled and directed her affairs
Thirdrhat the said defendant, through the
management of her business affairs, has received
into his hands large sum Of money belonging
To the complainant That he has never rcn.
dcicd any account IN the complainant OF the
moneys received tur her. or expended by him
III the payment of taxes or the making OF re-
pairs, and your orator docs 10, know what
amount of money and other property he now
has OF hers in his hand, poSscsson.
Fomth--Nour orator further complains that the
said trustee and agent, has been gully OF
fraud aud unIithful conduct in the manage
meut of her estate. That he mas transferred
stocks Of hers without legal and proper
thoritv and contrary to her wishes; that he OBJ
taincd money Of hers upon the representation
that he was investing 1t in certain ways, when
rs a matter OF tact no such investments were
made and has used such moneys and funds
Tor his own private purposes, paying his own
debts with the same without her knowledge or
consent, That he has wasted and Squanclercd her
property py foolish and indiscrcct investments
and your complainant fears that much Of her
estate has thus been lost
h-That tine defendant has now little or no
property of his own and for time past
has been using her estate for his own purposes
and misleading and decciring the complainant
about the use hc was making Of it.
PRAYER
Tlrst.lhat the defendant, Franklin Howell
may be compelled by decree OF this court to
make Just and true account Of all the moneys
of the complainant which he has received into
and complete statement OF all moneys expended
10y him on her account.
Sccond-That he be required TO pay over 10 her
all moneys 81 hers now in his hands; tn trans
fer to her all stocks, bonds, mortgages or other
securities in his possession belonging 10 her
and that he be required to convey to her all
real estate held by him in trust for her.
Thnd-That the defendant he restrained BY a
preliminary injunction from assigning, transfer
rinG or disposing OF the compliments property
now III his hands pending the taking of the
account prayed for.
Fomth-Ihat the complainant may have such
other and further relief as the nature of the
case may require.
Fitth--lhat the defendant he reQuired 10 an.
Swer this bill "f complainant and to make full
disclosure OF AL property and estate of what.
seeker kind held ~ him in trust for the com.
plainant
And the complainant will ever pray, etc.
II. NJ. Hannah.
Solicitor for Plaintiff