Evening star. [volume] (Washington, D.C.) 1854-1972, 1901-07-25
CONTEST OVER HILL ESTATE
SUIT ENTERED AGAINST EXECUTOR
AND SEVERAL HEIRS.
Former Declared to Have Ignored
Testntor's Instructions and
Refused Accounting.

Refused Accounting.
Suit in equity was filed In the District
! Supreme Court today by George c. Hill
| and Salhe E. Hill against Henry p, GIL
| bert, Rufus H. Darby, Joseph H. Lee,
| Mary L. Hill, Emma Hi, Virginia Hill,
! Mary f. fiSll Emma Bean Ida H. Mann,
| William Hill. Lulu Hill, James T. Hill.
| Fanny Owens John L. Owens, Martha
! Berry and John Berry. The suit asks for
| an accounting from H P. Gilbert and
| Rufus HI. Darby as executors. and Rufus
| H. Darby and Joseph H Lee as trustees
! under the viii Of the late George Hill, jr..
| and the appointment OF the complainants
IL managers Of certain property enumerat-
ed in the last will Of the deceased. instead
| Of H. P. Gilbert and Rufus H Darby. the
persons named as such in the document.
George Hill. jr., died November Is, 1893
| Upon his death he left debts secured and
unsecured amounting to $4,000 OF this
| amount 5000 was secured by a deed OF
! trust on parts of lots &c, Il and rs, i'm
proved, in Georgetown; 5000 secured on
! lot 3, in square $50, and on other lots in
| the District, leaving a balance OF 5000
| unsecured. Under the provisions of the
| will. 1t is alleged in the petition, the
ecutors were instructed to sell lots 30 and
| 81 in square SO. and also certain real es-
tate In Montgomery county, Md. The ex-
| ecutors were directed to discharge an in
| ~
! in Georgetown, and also to discharge the
| fncumbrance on lot 3, in square $50.
| Directions Regarding Bequests.
| The executors, in addition, were directed
| to invest 5000 for the benefit Of the tes-
| tator's sisters, Mary L. HILL Emma Hill
| and Virginia Hill, and give to his daughter,
| Mary E. Hill. the entire contents of his
residence, excepting a certain portion.
which was to go to his granddaughter.
| Emma BeaH They were instructed to give
| to William HILL grandson, the sum of
| 5000, and to Lulu Hill and James T. Hill.
| also grandchildren, the sum of $3.50 each;
| to each of mis- grandchildren, Martha A.
Jackson. now deceased William M. Beall
| and J. T. Beall, the sum of $500 each, and
to Mary E. Hill, Ida H Mann, Fanny
Owens. Martha Berry and Emma Beall.
| residuary legatees, one-fifth each of the
| residue Of the estate after the payment
| OF all the debts and other legacies The
| will devised to Messrs. Gilbert, Darby and
| Lee, In trust. for the use and benefit of
| the complainants. lots 70, II and 70, free of
| encumbrance This property, it Is stated.
has been in the hands Of Joseph H. Brad
ley, real estate agent. who has been
| managing 1t and collecting the rents there
from.
Allegations Against Executor.
| Since January 20, 1900, it is claimed, Mr..
| Gilbert. who seems to be acting as the
| sole executor. has paid only a small sum
| OF money each month to the complainants
and that only after a great deal Of coax
| ing and persuasion. 1t is stated that MI.
! Gilbert says he has only paid them such
amounts las favor" under the
struction Of the will nothing is coming to
| the defendants as rents from the property.
but that such rent ought to be used in the
payment of interest amounting to $500 q
| year on the deed OF trust Of $1,000. Short
| ly after the death Of the testator it is al
| legged. the premises indicated We're de-
| stroyed by fire. Insurance In the sum Of
! 1895 collected and the trustees under
| took to repair the house by employing r.
| w. Darby, brother of Rufus II. Darby, who
| did not perform the work in a munner
satisfactory to the complainants, although
| the sum Of 1915 was expended 1t is said
| that tenants have been secured from time
| to time by the defendants for the premises.
but that upon each occasion Mr.. Gilbert
| has objected to their renting the property
| on the ground that the rent willing to be
| paid has been less than a sufficient sum. al
| though the complainants in the suit claim
| that such amounts have been to them en-
| tfrely satisfactory
| Mr.. Gilbert. It is stated has made HIM
| self very Objectionable and obnoxious
| trustee refusing to give the compliments
| Information to render accounts to them
| regarding the property. The complalnants
| say they have not been able to hold any
satisfactory conversation with Mr.. Gilbert
regarding their affairs and that he has al
ways been uncivil in answering questions
asked him.
Otaer Charges Made.
| At the time of the death of the testator,
| 1t Is said. the premises situated on the lots
| indicated were equipped with all the proper
| machinery and appliances for the manufac-
ture Of paint and for doing laundry busi-
| ness, but the executors removed such ap-
| planes, although the petitioners protest
ed against such action. 1t is stated that 1t
| was plainly the duty Of the executors to
| sell all the property directed to be sold to
| pay the debts and legacies, but although
! importuned to do so they have persistently
executors offered the property for sale at
| auction and received an offer for 1t Of "a
| cents foot figure deemed entirely ade-
| quate by the compliments, but the execu-
tors declined to sell and revoked the SALE
| On February IA. 1900 Messrs. Gilbert and
| Darby are alleged to have filed a bill ask
| on a paper mill-property directed by the
| provisions Of the will to be sold-and to
| make lease to the District of Columbia
| Paper Company for five years, with an op-
property for the sum OF $4,000 A decree
was subsequently passed granting authorl-
| ty to make the loan. The executors alleged
in their bill that II such a loan were OBJ
| tanned they would be able to pay OFF all the
debts OF the estate, but in October 1901
| they asked for authority to sell the proper
| ty to the paper company for $12 500, alleg-
| Ing that 1t was to the interes. Of the estate
| that the offer should be accepted rather
| than continue the offer Of the paper COM
pany to purchase the property for $4,000
! within the time prescribed by the lease
With the available sums of $500, So 800
and $2,761 .9S-the latter being the value OF
| the personal property of the estate-agsre-
| eating the sum of 500, 761 9S, enough money
was gathered. 1t is stated, to discharge all
| OF the debts, secured and unsecured
| against the estate. But the compliments
| aHege that while some of the secured debts
| have been paid the two deeds of trust re-
! ferred to, amounting to $4,000 are still un-
| paid and are a tax on the estate. The COM
| piainants say they are entitled to receive
the rents from the estate and they ask for
the discharge Of the executors In order that
| the petitioners may manage the property.
AT AIRS IN ALEXANDRIA
CITY COUNCIL MAY BE CALLED TO