Evening star., 1901-11-25


of his father
Property Left.
The complainant appends to his bill a
statement of the real and personal prop
erty comprising his fathers estate and its
approximate value, SO far as the complain-
ant is able to furnish the same. On infor-
nation and belief he AYERS that said John
W. Thompson at the time of his death had
no considerable debts or obligations, his en-
tire estate being practically unencumbered.
Continuing. he states that ali the i'm
proved property referred to in the list is
occupied by tenants, the aggregate monthly
rent of the same being about 5000. Since
the death of said John w. Thompson the
complainant under an informal understand
ing with the defendant, the American Sc
curity and Trust Company, has been COL
lectlng said rents. He has now in his hands
as the result of such collection about the
sum of $1,000 He is informed and AYERS
that at the time of his death said John W.
thompson had on deposit in the National
Metropolitan Bank of the City of Washing
tonu, the sum of about $50, coo; that at the
same time he had large deposit, the
amount of which is unknown to the COM
plalnant, with the defendant, the Ameri-
can Security and Trust Company; and that
there are various debts due the estate
which should be collected by some person
representing all the parties in interest au-
thorized to act by this court.
Recently some of said tenants have de-
cilned to pay their rent otherwise than by
checks, payable to the order of .'the estate
OF John w. Thompson" Complainant now
holds checks of this kind to the amount of
si6'.os, which are uncollectable, because
no one is authorized to make a valid and
suIheient Endorsement upon the same.
me property which in said list is de-
scr1bed as an undivided five-twelfths inter-
est in the property of the Massachusetts
avenue syndicate in the District Of Column
pla comprises about 220 acres of land west
OF Rock creek and bordering on the line of
massachusetts
The interest of the estate of said John
w. thompson IN this property, in the opin-
ION ION OF the complainant, is worth at least
SJ0o,O00. The title thereto Is now vested in
certain trustees, who have been chosen to
take the place Of other trustees who have
died or resigned. 1t is the wish of the
great majority of the parties in interest
that the title to the land should be vested
IN corporation, and that certificates rem
resenting their respective interests should
De issued by such corporation to the sew
eral owners, to the end that transfers of
such interests could be conveniently and
readly made. The complainant is advised
that this, so far the estate of said John
John w. Thompson is concerned. can be
brought about satisfactorily only by au-
thority conferred by this court upon some
person representing the parties to this suit
Ihe taxes on all said real estate due in
the present month of November are unpaid.
Hesitates to Make Contest.
Continuing the complainant says:
AS indicated by his answer, the COM
plainant is unwilling. except as a last re-
sort, to dispute the validity of the alleged
will of his father. AS stated in his said
answer, ne is advised by his counsel and
thereupon here AYERS that the proper and
legal construction of said instrument en-
titles him to at once demand and receive
an undivided interest in the entire estate
OF MS father. And If this be the legal
effect of the instrument in question, the
complainant is anxious to abide by it and
SO escape entering into controversy in
winch he will be placed in apparent hos
unity to his own children and which will
iead to the most painful and distressing
inquiries as to the acts of his father in his
later years. And the complainant on in
formation and belief AYERS that though his
sister, the defendant, Mary Ida Thompson
mas hled caveat to said will, she is will
ing to consent that said instrument may be
admitted to probate if it's legal construc-
ton be determined to be as above Indicated
For these reasons the complainant ap-
piles now TO this court having jurisdiction
OF said estate and of all the parties in in
terest to construe said instrument
AS TO the construction of said instru-
follows: -
That there is some question whether in
the paragraph thereof numbered seventh
the words to the child children of my
SAID son refer to the child or children Of
the complainant living at the time cf the
death of said John w. Thompson, or in
clude any children that the conn, 3inont
may have hereafter
THAT there is some question also wheth-
er the words in said paragraph numbered
seventh and to the survivor and survivors
OF them refer only to the children of this
complainant or to said children and this
complainant and his sister, said Mary Ida
thompson, and also whether they refer to
the survivor or survivors at the time of the
death of said John W. Thompson. or at
some other period, and. indeed. whether
they have any legal effect at all
That it is doubtful whether the interest
given by said instrument to this complin-
ants children, the defendants John VIII
Thompson, is a vested interest
That it is doubtful whether the division
which paragraph numbered seventh pro-
siues ior entities this complainant and his
sister, said Mary Ida Thompson, each to
one-third of the estate, the other third 90
ing to the child children of this com
plalnant, or whether such division is to be
made per capita among all the beneficiaries
referred to in said paragraph.
That 1t is doubtful whether paragraph
nlnth OF said instrument, which attempts
to restrain the alienation by the bene-
hciaries named in said instrument of their
respective interests, is wholly valid or
bad. '
THE complainant is further advised and
AYERS that the provisions OF paragraph
numbered ninth of said instrument are
wholly imperative and void as to the in
terests of the complainant in said estate
and that, notwithstanding such provisions
he has the right to sell or otherwise dis
pose of the interest which said instrument
purports to give to him in said estate. at
his pleasure, and that because among
other things he has such right the law
will not compel him to resort to that means
OF getting the benefit of said interest, but
Will give it to him at once absolutely
AS to the paragraph of said instrument
numbered tenth, which provides In SUBJ
stance that if any person named therein
as beneficiary shall attempt in any way
to dispute, contest or set aside any of the
provisions thereof, such person shall not be
entitled to receive any benefit under the
same. and any devise or legacy therein in
his or her favor should be considered as
revoked, the complainant is advised and
AYERS that if this provision Is valid, the
effect would be that the attempt of any
beneficiary to dispute or contest the valid
ity of such instrument would create an
intestacy as to the interest in said estate
which said instrument purports to give to
such beneficiary; and that since the de-
fendant, Mary Ida Thompson and the
complainant are the sole heirs at law and
next of kin of their father, such interest
would, therefore, Immediately devolve upon
them in equal shares.
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