Evening star., 1901-12-30
THE THOMPSON WILL
Case Settled by Agreement Of the
Parties at Interest
ESTATE TO BE DIVIDED
Rights Of Future Children Left in.
>Abeyance.
LARGE SUMS IN CASH

filing of caveat to the will Of the late
John w. Thompson by his children Ross
thompson and Mary Ida Thompson, were
brought to a halt this afternoon, when JUS
ttce Bradley, in Equity Court No. 2, signed
decree that, In Eject, confirms agree
ment reached by the parties out of court,
and which effects a compromise of the
whole tangle. The estate is to be divided
into four parts, one going to Ross Thomp-
son. one to Miss Ida Thompson and two to
the children Of Ross Thompson.
By the decree 1t is set forth that 1t ap-
pearing to the court that serious questions
of law are involved in respect Of the legal
construction of the will of John w. Thomp-
son, they being,
Whether the interests Of Mary Ida
Thompson and Ross Thompson are vested.
or whether in order to take they must be
alive when the period of distribution ar
rives, towit: When the youngest child Of
Ross Thompson becomes of age.
Whether Mary Ida Thompson and Ross
thompson and Ross Thonpsons children
take per capita, or whether each, consid-
ering the children as a class, takes one
third.
Whether after-born children of Ross
Thompson take under the will and if so
whether the period of distribution is post
poned until such after-born children, If
any, arrive of age.
Whether the eaveat of Mary Ida Thomp-
son creates an intestacy of her share.
And 1T further appearing to the court
that. under these circumstances, all the
parties to this cause, except the American
Security and Trust Company. in order to
avoid long, uncertain, disagreeable and ex-
pensive litigation, have entered into and
executed a written agreement of compro-
mise and settlement of their respective
claims and interests in respect of the es-
tate the court DEGREES in accordance with
the agreement.
The Agreement.
This agreement recites that it is made
this 2Sth day Of December, 1901, between
Ross Thompson, Mary Ida Thompson, John
William Thompson by Samuel H. Kauff-
mann, his guardian ad Item, and Ross De
Bruler Thompson, by Samuel H. Kauff-
mann, his guardian ad litem, and Flora B.
THOMPSON. 1t recites the death of John
w. thompson, the filing OF his will and the
legal steps taken by the children to secure
construction of the document by the
court.
1t states that Whereas, by a certain
ante-nuptial contract between said John
W. Thompson and said Flora B. Thompson,
dated August %, 1896, and by deed made
by said John w. Thompson to the Ameri-
can Security and Trust Company of Wash
ington, D. c., dated June 29 1893, and con-
veying the premises No 1419 street north
west, in said city, and certain furniture and
other personal property in said deed de-
scribed. and by an instrument, dated June
- 1893, executed by him, transferring to
said company certain stocks and other Sc
curities. said Flora B. Thompson has been
SO provided for by said John W. Thompson
that she is willing. If such provision shall
be undisturbed, to give up any claim
against the estate of said John w. Thomp-
son which she might have as his widow or
otherwise. and
Whereas. the other parties to this
a rxyilli
shall be undisturbed and unauestfoned up-
on said Flora B. Thompson giving up such
claim, and
Whereas the parties hereto wish to avoid
further litigation, either as to the validity
or as to the construction Of said instru-
ment, dated July 5, 1893, and to enter into
a family agreement and settlement by
which all questions growing out of their re-
against the estate OF the said John w.
Thompson whether under said instrument
of July 5, 1895 or otherwise shall be ami
cably determined and put at rest it is,
therefore, hereby agreed:
The Division.
II. That said Ross Thompson and Mary
Ida Thompson shall file in said court, ho,u-
ing special term for Orphans Court busi-
ness. their written consent to the admis-
sion of said instrument to probate and rec
ord as the last will and testament Of said
John w. Thompson, and to the issuing of
letters testamentary thereon to the Ameri-
can Security and Trust Company, named
therein as executor, and that they shall not
hereafter controvert the validity of said
instrument as such last will and testament
'2. That the American Security and Trust
Company, as the executor and trustee
named in said instrument, its successors
and assigns, shall take and hold under the
terms Of said instrument, and on the trusts
therein declared, for the benefit Of the chill
one-half interest in the entire estate Of said
John W.. Thompson; provided that nothing
herein contained shall prejudice in any way
any application that may be made here
after by or on behalf Of said children or
either of them, to have the net income Of
their interest in said estate, or part there
of, applied to their or his maintenance or
education.
'3. That said American Security and
Trust Company, it's successors and assigns.
shall take and hold in trust for the said
Ross Thompson, his heirs and assigns an
undivided one-fourth interest in the estate
OF said John w. Thompson, and shall take
and hold an undivided one-fourth interest
in said estate in trust for said Mary Ida
Thompson, her heirs and assigns; provided
that said company, as such executor and
trustee, within twenty days from the issue
of letters testamentary to it as such execu-
tor shall pay or deliver to said Ross
Thompson, his executors, administrators or
assigns. out of the personal estate of said
~,
its equivalent, to be deducted from his one
fourth interest in said estate and to the
defendant, Mary Ida Thompson, her execu-
tors, administrators or assigns, the sum of
$4,000. or its equivalent, to be deducted
from her one-fourth interest in said estate:
provided further, that said company as such
executor and trustee shall not sell, incum-
ber, invest or make any change In the un-
divided interest Of said Ross Thompson In
any part OF the real property forming part
Of said estate without the consent in writ
ing of said Ross Thompson, or hts proper
representatives. or the order OF the proper
court, or in the undivided interest OF said
Mary Ida Thompson in any part Of said
real property without the consent in writ
ing Of said Mary Ida Thompson, or her
proper representatives. or the order Of the
proper court; and, provided further, that
the net income Of their respective one
fourth interests in said estate shall be paid
to said Ross Thompson and said Mary Ida
Thompson, their respective heirs, executors.
administrators or assigns quater-annualIy
during the continuance of said trust,
End Of Trust.
a. That as to said Ross Thompson and
| said Mary IDA Thompson, said trusts shall
terminate and they. their respective heirs.
executors. administrators and assigns,
shall each be entitled to demand and re-
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