The Washington times. (Washington [D.C.]) 1901-1902, 1902-04-26

der his mortgage: Z. Ellwood Kelley. who
holds a mortgage for s9,GO0 on part of
the property involved in the suit. together
with Albert +. Fox and William X. Ellis,
as trustees under his mortgage, and
Thomas u. Fields Is tTusteG ST the COM
plainants' interest IN the estate.
Mrs. Elizabeth Bitner. motherin-law of
Colonel Boyd. at her death in this city in
1881, owned the Bancroft flats on the
northwest corner of Eighteenth and II
Streets northwest. houses Nos. 22Os ii
Street northwest. 1905 II Street northwest,
900 ard g0S @ Street northwest, and l5ii
Niath Street northwest Mrs. Bitner left
will by which she devised her real es-
tate TO Colonel Boyd during his life, and
the remainder in fee simple TO her daugh-
ter, Ann Elizabeth Boyd, the wife Of
Colonel Body.
Wife Died in 1895.
Colonel Boyds wife died iniestate
in 1885 then owning the vested
remainders in fee simple in the properties
above mentioned. She also owned the store
property No. 416 Ninth Street northwest.
She left surviving, her husband. Colonel
Boyd. and nine children, of whom the
complainant, Robert E. Boyd is one. the
other eight being defendants TO the suit,
TO whom, as tenants in common, the fee
simple titles of the real estate above
mentioned passed by descent as her right
heirs-at-law.
The complainants charge that the de-
PENDANTS Evans and Ellis have not been
under any bond for the management of the
estate and nave never accounted for any
of the moneys received. or acts DONE by
them under this family agreement. al
though il is said that Mr.. Ellis has rem
dered some statements to Mr.. Evans. The
compliments assert that they are en-
titled TO an accounting by the trustees
and ask that the latter be required 10
account 10 the court.
Prayers of the Bill.
The prayers of the bill are: That the
defendant Ellis may be enjoined from
prosecuting the landlord and tenant pro-
cesding instituted by him against the
complainant, Robert E. Boyd; that a re-
ceiver or receivers Of the whole of the
said estate, real, personal and mixed, may
be appointed by the court to take posses
sion. management, and control thereof
pending the suit, and TO hold, manage, and
dispose of the same under the supervision
ana orSers of the court: that the said
real estate may be decreed to be sold, and
the proceeds directed to be invested or
distributed according to the respective in
terests of the parties entitled thereto.
That the defendants Ellis, Evans. and
Thomas as trustees and agents under the
family agreement may be required TO fully
account for the moneys received and the
90 nv bar, laf
that the defendants may be required to
make full discovery with respect TO the
details of the said estate.
Want Defendants Enjoined.
That the defendants Ellis. Evans. and
Thomas may be enjoined from in any man
ncr exercising further management, con-
troll or disposition over the said estate or
any part thereof; that the defendants Ell
lis. Evans. and Thomas may be required
to forthwith deliver and turn over TO such
receiver or receivers as may be appointed
in the suit, the whole of the said estate
and every part thereof, together with all
books. documents, papers, vouchers, and
all other matters and things in any wise |
affecting the same or belonging or re
lating thereto.
lnal suitable person may ne appoint |
cd as guardian ad litem to appear and ]
answer for. protect, and defend the rights |
and interests of. the incompetent defend |
ant. Col. Robert Boyd; and for general |
relief.
Justice Bradley Acts.
Upon presentation Of the bill Of COM
plant to Justice Bradley, an order was
granted enjoining the defendant Ellis |
from further prosecuting a certain land
lord and tenant proceeding, and requiring |
him and his co-defendants, the agents and |
trustees under the family agreement, to |
show cause On next Tuesday why they |
shall not be enjoned, and why receivers |
Of the estate shall not be appointed as
prayed in the bill.
The bill contains no charges against the |
conduct of the defendant Edward II. |
Thomas. Attorney Thomas VI. Fields is
named as counsel for the compiainants