Evening star., 1901-09-04
ESTATE OF GEORGE HILL. JR.
ANSWER OF ExHCUTORs AND TRUs-
TEES TO ALLEGATIONS IN SUIT.
Statement Made Of the Value Of the
Property-The Alleged
Debts.

answer
preme Court OF the District by Attorney
e. II. Thomas. for Henry p. Gilbert ano
Rufus H. Darby, executors and trustees
under the terms Of the win OF the late
George Hill, jr., to the complaint Sled some
time ago by George c. Hill and Sallie e.
Hill, who asked for an accounting and con-
struction of the will.
In the answer the paragraphs Of the COM
plant are taken up and dealt with in de-
tall A statement Is also made of the vglue
of the estate. In this connection the an
swer states:
THAT the principal of the secured and
unsecured overdue debts of the testator at
the time of his death amounted to about
the sum Of $4,000, Of which principal s.. :
600 was secured by deed Of trust on parts
of lots 76, II and 78. in old Georsetown;
$1,000 secured by a deed Of trust On lot 3,
in square $50, and $4,000 on the residence
property Of the deceased. located in part on
Bridge street."
It is also stated that besides the secured
debts of the testator, he owed about the
sum of $4,000 unsecured"
Personal Estate.
''The personal estate of the testator
known to u.s." the defendants say. when
we accepted our trust, amounted to about
So, $50 IS, according to the inventory made
by the solicitor of the complainants, who
was then an accounting officer and ap-
praiser in the Orphans Court"
actual possession of the household furni-
ture, awaiting the result Of the sale Of the
real estate specifically required by them
to be sold before determining whether 1t
would be absolutely necessary to call up
such property for contribution toward
debts and legacies. This personal proper
ty outside of the household furniture and
effects, was the entire fund or personality
with which to pay the approximate amount
Of the debts of the testator when he died,
aggregating the approximate sum of $32.-
600, which was increased by taxes over
due and currently due and interest over
due and accruing, as the administration OF
the estate progressed. The total assessed
value of the testators real estate was but
sonai estate Of 1926 Is, with which to
pay debts, funeral expenses. cost Of ad-
ministration. $500 for a monument, lega-
cies amounting to s6,o15 and to provide
Ellen Hill, defendant"
Realty Ordered Sold.
The real estate directed to be sold was
so located that 1t Is said it was and has
been extremely difficult to obtain purchas-
ers for it. and is without market for the
usual demands of real estate investment
1t is also stated that the testator was near
ly, if not quite, insolvent when he died.
The defendants also say that they have
personal estate and have left unsold and
still in hand a portion of no great value.
1t Is further stated that the just debts of
the testator have not been paid nor has
Again 1t is stated that the testator did not
at the time Of his death own the real es-
tate In Montgomery county, Md, mention
ed In the second item of his will
Speaking for himself, Mr.. Gilbert says
that he has given the matter of the admin
1stration of the trust imposed upon him
particular attention.
In this connection, Mr.. Darby. speaking
for himself, says that he has been duly
consulted by his coexecutor and cotrustee
and has ratified and adopted his acts in
the administration of the estate. They
further say that they do not believe that
either of the complainants is actually en-
titled to receive any of the rents growing
out of parts of lots &C. II and 78, In old
Georgetown, and upon a proper construc-
ton of the will of the deceased. until all
debts and funeral expenses are paid. This
Is because of the insufficiency of the per-
sonal estate and the inability to sell all the
real estate directed to be sold under the
will. The defendants further say that con-
struct1on placed upon the will by them
affecting the interests of the complainants
was made in good faith. and even If found
under all circumstances to be erroneous.
Receipts From Rents.
In answer to the allegation made by the
complainants of the refusal Of the defend
ants Gilbert and Darby to pay over the
income Of the estate, it is said that the
total receipts from rents of real estate up
to July 1 last have only amounted to
$691.OS, which, with the proceeds of insur-
ance, $495, aggregate $1,1S6.OS. while the
expenditures, excluding taxes, have been
$1,135.04. 1t is stated, however, that 1885 so
has been paid to George G. HILL making
an access above receipts therefor Of 1884. 49,
The defendants further say that they do
not believe they would have been justified
In paying income to the complainants but
for the sales made and the consent of the
defendant Mary Ellen Hill.
1t is further stated that part of the prop
erty is improved by three warehouses; one
OF which was partially destroyed by fire in
January. 1900. 1t was insured. The in
surance company, 1t Is said. never made
any binding offer to replace such of the
buildings as had been injured. The re-
spondents say: I'VE deemed it best and
still we believe our Judgment was justified
cordingly we invited three bidders-the
complainant, George c. Hill. who bid 1895:
j. w. Thomas, who bid about $3.50. and r.
W. Darby. who bid 1915: and we therefore
awarded the contract to him, and he did
the work to our entire satisfaction and to
the satisfaction of the complainant, George
c. Fiill, who pronounced the work done to
be good job"
1t is stated that the rental of the prop
erty has been in the hands Of Joseph H.
Bradley, to whom all applications for rem
tai have been referred. Mr.. Gilbert denies
that he ever refused to rent the property
to any good tenant, and that the tenant
mentioned in the bill Of complaint was re-
ferred to Mr. Bradley. but made no fair
offer. Mr.. Gilbert declares that he has not
deserved the criticism made in the fifteenth
paragraph of the bill, but says he has al
ways given the complainants or their rep
resentatives every facility for the inspec-
tion Of accounts and vouchers.
He also denies the charge Of evasion.
and says that he has never been aware Of
making an uncivil answer to any reason
able request. neither has he now. nor does
he desire to have. any controversy what
ever with the complainants." He knew the
testator Intimately. and knew his wishes
regarding the complainant, George G. Hill,
and the reason for the trust in behalf OF
said complainant as stated in his will. 1t
Is denied that the laundry machinery In the
east warehouse has been sold. but has been
moved upstairs In that building, and that
no laundryman has ever applied to rent the
same. The west warehouse is declared to
be now rented to the District Of Columbia
Paper Manufacturing Company.
Avoidance of Expense.
Continuing, the reply says:
''It Is true we have never fled any &C.
count aYoCutnr1 no