Evening star., 1901-11-25
VALUES PROPERTY At $4,000, 900
Says No One Has Authority to
lndorse Checks.
THE WILL ANDTHE ANSWERS


last will of his father The complainant
son. his sister; John William Thompso on
and Ross De Bruder Thompson, his infant
children, and Mrs Flora B. Thompson. the
widow of John w. Thompson. The court is
asked to appoint receiver to take charge
of the estate of the late John w. Thompson
Justice Bradley issued an order late in
the day ordering the defendants to show
cause on the Both of November why a re-
ceiver should not be appointed pending the
suit.
Parties in Suit.
In the bill of complaint Ross Thompson
states that he is a resident of the city of
Washington, and brings this suit In his
own right. The defendant, the American
Security and Trust Company, is body cor
porate doing business in the District of CO.
lumbia and is sued in it's own right and as
the body named as executor and trustee in
the instrument purporting to be the last
will and testament of the father of this
complainant John w. Thompson now de-
ceased. The defendants, Mary Ida Thomp-
son, John William Thompson, Ross De Bru-
der Thompson and Flora B. Thompson, are
all residents of the District of Columbia,
and each of them is sued in his or her own
right. The defendants, John William
Thompson and Ross De Bruder Thompson,
are sons of the complainant by his wife,
Wena De Bruder Thompson. John William
Thompson Is minor of the age of nine
years and the defendant Ross De Bruder
Thompson is a minor of the age of six
years. Flora 3. Thompson Is the widow of
John w. Thompson.
Continuing, the compalnt says:
Said John W. Thompson while residing
and having his domicile in the District of
Columbia, died in the city of Washington,
in said District. on the 18th day of July,
1901. Of his own knowledge, the complain
ant ayers that said John W. Thompson at
the time of his death left large estate
comprising both real and personal property,
practically all the personal property and
the greater part of the real estate being
situated in this District, and upon infor-
nation and belief the complainant AYERS
that the value of the estate of said John
". Thompson at the time of his death over
and above all debts and liabilities was over
s., 900 000.''
The Widows Share.
The complainant states that on informa-
tion and belief, Flora B. Thompson, prior
to her marriage with John W. Thompson,
by a contract in writing, and under seal,
made upon valuable consideration, agreed
among other things that after the death OF
John W. Thompson she would claim no
dover right in his real estate and no DIS
tributive share in his personal estate, ana
that after his marriage to Flora B. Thomp-
son, John W. Thompson conveyed ana
transferred to the defendant, the Amer
lean Security and Trust Company,
sonal property in trust among other
things to give her the net rents and
income thereof. while she should remain
his widow. And the complainant on infor-
nation and belief further AYERS that Flora
b. Thompson makes no claim to any dover
right or distributive share in the estate
of said John W. Thompson, but he is ad-
vised that it is necessary to make her a
M rtH To hiG cIYtt in nY6a hat fbn fon
that she makes no such claim shall af-
frmatively appear in the case.
The VIII.
Speaking of the will the complaint sets
forth that the complainant. Ross Thomp-
son, and the defendant, Mary Ida Thomp-
son, are the children and sole heirs-a law
and next of kin of John w. Thompson, so
that if he died intestate his whole estate
passed to them under the law in force in
the District of Columbia at the time of his
death. But some time prior to his death
John w. Thompson executed an instrument
dated July ), 1898, purporting to be his last
will and testament, which instrument, if
valid. gives to the defendant, the American
Security and Trust Company, the entire
estate of said John W. Thompson, in trust
to hold and manage the same, with full
powers of sale and reinvestment; In trust
further to pay to the defendant, Mary Ida
Thompson, out of the income, $1,000 an
nudliy curing neT lie, OF uftll the coming
of age of the youngest of the children of
the complainant, and to pay to this COM
piainant out of the income the sum of $4, 600
annually during his life or until the com
ing of age of his youngest child, and at
the coming of age of the Youngest child
of the complainant, to deliver, transfer and
convey unto said defendant Mary Ida
Thompson, and the complainant and the
child or children of the complainant, and to
the survivor or survivors of them all of the
In trIyCt soil ir,ctr
ment.
Said instrument further provides that in
case of the death of this complainant be-
fore the arrival of his youngest child at the
age or tWenty-One years, there shall be
paid out of said income, to the children of
the complainant until the youngest of said
children becomes twenty-one years of age,
the sum of $1,000 annually; that all paw
ments made under said instrument, wheth-
er made to the defendant Mary Ida
thompson, or to this complainant, or to
the child or children of this complainant
shall be made by checks or drafts drawn
TO the order of the respective beneficiaries
and that no assignment of any such check
or draft. or of any interest to which any
OF the benefciaries under said instrument
may be entitled. shall be recognized by the
trustee named in said instrument
Said instrument contains also the fol-
lowing paragraph:
'Tenth-I have made each and every of
the foregoing deyiSes and beuueSts after
careful consideration and in the firm be-
lief that the said devises and bequests are
and that each of them is, wise and proper,
and In the desire to provide my children
and the issue of my son with an income
and to prevent, so far as l can do so, the
wasting of my estate; and I do, therefore
hereby direct and provide that should any
person named herein as beneficiary at
tempt In any way to dispute, contest, or
set aside any of the provisions of this my
last will and testament. such person shall
not be entitled to receive any benefit un-
der the same, and any legacy or devise
herein made in his, her or their favor
shall be taken and considered as revoked
Immediately upon the institution of any
suit, or the doing of any act or thing hav-
ing for its object the altering setting
aside, or multiplying. or in any manner
whatsoever changing the terms and pro-
visions of this my last will and testa-
ment."
Petitions and Replies.
The complainant states that on the Sth
day-of October. 1901, the defendant COM
pany filed in the Supreme Court of the
District of Columbia a petition praying
that said instrument might be admitted TO
probate and record as a will of real and
personal property, and that letters testa-
mentary might be granted to said company
accordingly. To said petition the defend
ant. Mary Ida Thompson, on the 10Th day
of November 1901. filed an answer in ub;ch