The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-07-17

In an elaborate opinion, filed yester-
day morning. President Judge II. NJ.
Edwards decides in favor of the
plaintiffs in the famous sl25,0O0 equity
suit of a. d. Dean, trustee ct al.
against r. NJ. Winton ct al.
The opinion covers fourty-four type
written pages and, as may be judged,
represents many hours of laborious cf-
fort, dealing as II does with a seeming
ly unending series of complications and
involving every knotty question that
arises in the law of trusteeship.
The parties to the suit are heirs of
several of the oldest families of this
region. The plaintiff is the trustee for
the heirs Of r. S. Dean, and represents
the interest in the trust estate which
at first vested in Isaac Dean. Two
of the original defendants, w. w. Win
ton and his wife, Catherine Winton
! are now dead. The estate of the former
is represented by y. NJ. Winton ad-
ministrator, and the estate of of the
latter by r. NJ. Winton and Walter
w. Winton, surviving executors. The
other defendants are the Winton Coal
company. which leased the property in
| dispute; the Delaware, Lackawanna
| Elk Hill Coal and Iron company which
are mining coal from the larger portion
| of the tract and paying royalties there
on.
The property is known as the p. c.
Griffin tract contains about fifty acres,
and is located mainly in the Second
ward, of this city, near the old Trip
homestead.
1t was purchased in 1871. thirty years
ago, for $960OO. A fourth Interest in
| it is now held at about 100000. The
present suit involves a fourth interest
and a claim on another fourth.
| PURCHASED BY WINTON.
The purchase in 1871, was made by
| A. II. Winton from T.. 5. Osborne,
| trustee, and four days later, the pur-
| chaser conveyed it to his father, w.
w. Winton. The latter, with Isaac
Dean, Joseph Church and Thomas
| Livey, paid the purchase money. Win
| ton took title and later gives the
other three declarations of trust.
Winton undertook the management
| of the property, leasing the coal and
| selling the surface. In 1877 he bought
| out the Church one-fourth interest at
| sheriff's sale. Dean had loaned money
| TO Church and held a claim against
| the Church interest.
| The Church heirs went into court,
some years ago with claim that Win
| ton bought in the Church quarter as
| trustee for Church and not for him
self. They held that Winton was for
hidden to buy the property for him
| self by the law which declares that
| no trustee shall be permitted to profit
| by his trust. The Supreme court, last
year, decided that inasmuCh as nearly
| twenty years had elapsed from the time
| of the sheriff's sale to the bringing of
the suit. the plaintiffs We're guilty of
| laChes, not having used due diligence
in the prosecution of their claim. and
| consequently not entitled to recover.
| The supreme court however did not
| touch upon the question of Deans in
| terest in the Church estate, and Judge
| Edwards was called upon to deal with
| it in this case. He decides that the
Dean heirs have good claim on the
Church one-fourth.
| DEAN CLAIM Is GOOD.
In 1877, Catherine Winton buys at
sheriff. S sale, her husbands one-fourth,
and the Church ne-fourth, which her
|
| sheriff's sale. Judge Edwards declares
that while she secured the Church one
| fourth free from the claim of the
Church heirs, the Dean claim on the
| Church one-fourth is still impressed
| upon it, although it has passed TO this
| other party, Catherine Winton. and
| she or her executors must account for
| the proceeds from the Church estate
| TO the extent of the Dean claim against
| that one-fourth, as well as for the Dean
one-fourth for which her predecessor
| was trustee.
| The judge only makes an interlocu-
tary decree, as to who shall account
| The accounting is TO be had later. The
case will in all likelihood go to the
| supreme court, and if the decision is
| not disturbed the accounting between
| the parties will be made by the court
or a master, according to the findings
of Judge Edwards. 1t may be years
yet before the case is finally disposed
Of
The opinion is written with an eye
to the convenience of those who will
have TO make excessive use of It, Each
phase of the case is treated under a
separate heading and the various rami-
| ficatiOns being each accorded a sub
heading.
In his introduction Judge Edwards
says: "Some of the matters involved
in this case have been before our
| courts, in one form or another for
several years. The case itself was in
sttuted over thirteen years ago, and
the transactions covered by the evid-
enCe extend over a period of thirty
years. The parties themselves are To
blame for the delay. The case should
have been pressed to a final hearing
during the lifetime of the persons most
Immediately concerned in the issues.
This would have saved much trouble
and would have avoided several COM
plications. But IL is my duty to take
the record as it is now before me,
made up of the pleadngs and the
evidence, and dispose of the questions
in dispute. AS to the nature of the
bill, it is sufficient to state that it
seeks to compel an accounting for the
proceeds of trust property"
: After reviewing the history of the
case and answering the requests fol
findings OF fact. the judge proceeds in
to the following discussion stating the
| proposition OF law first and following
II with his conclusions:
!. ". W. winton was a trustee for Isaac
Dean under the declaration OF trust OF May l.
| 1872 Winton's legal representative is bound in