The Washington times., 1901-09-05
HILL ESTATE LITIGATION.
Trustees and Executors Claim That
Testator Was Almost InsOlvent.
Reply of the Defendants to the Al
legations of Heirs - Their Con-
structiOn of the VIII Made in Good
Fnith-Hope to Clear of Debts.

defendants in proceedings in equity filed
some time ago by George c. Hill and Sal
lie f. Hill. asking for an accounting and
the construction of the will of the late
George Hill. jr. yesterday filed their an
swer in the Supreme Court of the District.
Gilbert and Rufus III. Darby, also named a
defendant are executors, and Darby and
Joseph II. Lee. third defendant, are trus-
tees under the will. In the original pro-
ceedings the court was asked to appoint
the complainants as managers of certain
property enumerated in the will of George
Hill, jr., in the place of the executors, III.
p. Gilbert and Rufus II. Darby.
In their answer filed today the defend
ants, Henry p. Gilbert and Rufus II.
Darby, say: THE principal of the Sc
cured and unsecured overdue debts of the
testator, at the time of his death, amount
ed to about the sum of $1,000 of which
principal 5000 was secured by a deed of
trust on parts of lots &c, n, and 49, in
Old Georgetown; Ss,OO1 secured by deed
of trust on lot 3, in square $50. and &c. 600
on the residence property of the deceased,
located in part on Bridge Street.
1t is also stated that besides the Sc
cured debts of the testator, he owed about
the sum of $4,000 unsecured
The personal estate of the testator
known to u.s." the defendants continue,
when we accepted our trust, amounted
to about s2.5s6.75. according to the invent
ory made by the solicitor of the COM
plainant, who was then an accounting
officer and appraiser in the Orphans
Court.
Your executors, as such, never took
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 wheth-
er 1t would be absolutely necessary to call
upon such property for contribution to-
ward debts and legacies. This personal
property outside of the household furni-
ture and effects was the entire fund or
personally with which to pay the approx
innate amount of the debts of the testator
when he died. aggregating the approxi-
mate sum of $4,000. which was increased
by taxes overdue and currently due, and
interest overdue and accruing. as the ad-
ministration of the estate progressed. The
total assessed value of the testator's real
estate was but A04Si. making total OF
real and personal estate of s42.96775, with
which to pay debts, funeral expenses. cost
of administration, 500 for a monument,
vide an income for the complainants and
Mary Ellen Hill, defendant
The real estate directed to be sold was
so located that. it is said, it was and has
been extremely difficult to obtain pur-
chasers for it. and is without market
value for the usual demands of real
estate investment. 1t is also stated that
the testator was nearly. if not, insolvent
when he died. The defendants also say
that they have sold and converted into
money part of the personal estate and
have left unsold and still in hand a por-
ton of no great value. 1t is further stat
ed that the just debts of the testator have
not been paid nor has the monument
mentioned been erected. Again it is
stated that the testator did not at the
time of his death own the real estate in
County. Nd. mentioned in
the second item of his will.
Speaking for himself Mr.. Gilbert says
that he has given the matter of the ad-
of the trust imposed upon
him particular attention. and Mr.. Darby,
speaking for himself, says that he has
been duly consulted by his co-executor
and co-trustee and has verified and
adopted his acts in the administration OF
the estate. They further say that they
plainants are actually entitled to receive
any of the rents growing out of parts of
lots 76, Il, and IS i'll Old Georgetown, and
upon a proper construction of the will of
the deceased until all debts and funeral
expenses are paid. This is because of the
of the personal estate and
the inability to sell all the real estate
directed to be sold under the will. The
defendants further say that the con-
struction placed upon the will by them,
the interests of the complain
ants, was made in good faith, even If
found under all circumstances to be
erroneous.
In answer to the allegation made by
he complainants concerning the refusal
IF the defendants, Gilbert and Darby, to
pay over the income of the estate. 1t is
real estate up to July last. have only
amounted to 69l.0S. which, with the pro-
,eeds OF insurance, Si95, aggregate
Il 1S6. .OS. while the expenditures exclud-
ng taxes, have been si.735.Oi 1t is stated,
however, that $335.50 has been paid to
George c. Hill, making an excess above
receipts therefore of SSSi.45 The defend
ants further say that they do not believe
hey would have been justified in paying
income to the complainants. but for the
sales made and the consent of the de-
fendant Mary Ellen Hill.
II is further stated that part of the
is improved by three ware
houses. one of which was partially de-
stroyed by fire in January, 1863. 1t was
The insurance company: 1t is
said. never made any binding offer to
replace such of the building as had been
injured The defendants say, we deem
ID it best and still we believe our judg-
nent was justified, to repair the proper,
ty ourselves. anG accordingly invited
Lhree bidders-the complainant, George
9. Hill. who bid $3.50; ]. ". Thomas, who
bid about $3.50 and r. w. Darby, who bid
'5l5. We therefore awarded the contract
TO him. and he did the work TO our en-
ire satisfaction and to the satisfaction
IF the complainant George C. Hill. who
pronounced the work a good job"
1t is claimed that the rental of the prop
arty has been in the hands of Joseph II.
to whom all applications for rem
-al have been referred. Mr.. Gilbert de-
MES that he ever refused to rent the
enant mentioned in the bill of complaint
was referred to Mr. Bradley, but made
40 fair offer Mr.. Gilbert declares that
ne has not deserved the criticism made
If him and says he has always given the
or their representatives,
very facility for the inspection of ac-
counts and vouchers He also denies the
,harge of evasion, and says that he has
never been aware of making an uncivil
answer to any reasonable request, ''neith-
r has he now. nor does he DESIRE he
states. TO have any controversy what
,ver with the complainants" He knew
he testator Intimately and knew his
wishes regarding the complainant. George
= Hill, and the reason for the trust in
Dehalf of said complainant. as stated in
lis will 1t is denied that the laundry |
machine in the east warehouse has been
old. but has been moved upstairs in that |
and that no laundryman has |
.ver applied to rent the same. The west |
warehouse Is declared to be now rented |
O the District of Columbia Paper Manu- |
Company.
Continuing. the reply says: 1T is true
We have never filed any account as exec |
itors. We saw very little necessity for it |
md knew the estate cOuld i'll afford the |
Expense attending II. Everybody in |
crested knew that the personal estate |