Evening star., 1902-04-25
BIG ESTATE INVOLVED
Heirs Of Col. Robert Boyd
Ask for Accounting.
FILE SUIT IN EQUITY
COURT IMPoRTUNED TO ORDER
PROPERTY SOLD.
Complainants Set Forth Many Charges
Case Will Be Heard Next
Tuesday.
FILE SUIT IN EQUITY


ing improved real estate said to be Of the
| estimated value of $3.50 600, constitutes the
basis of a proceeding in equity for injunc-
| tion, the appointment Of receivers and an
| accounting which has been instituted in
| the Supreme Court of the District Of Co
| lumbia by Mary E. Boyd, Robert e. Boyd
| and r. Elmo Boyd, through Attorney Thos.
M. Fields, against William K. Ellis, George
| w. Evans and nineteen others. It is also
sought to have the court direct that the
| property be sold.
| Col. Robert Boyd was for many years en-
gagged in the hardware business at 416 9th
| street About a year ago lunacy proceed
| ings were instituted against him, but a
| family agreement was entered into under
| which his store was closed, the business
disposed Of and his other property intrusted
| to William K. Ellis, George W. Evans and
Edward H. Thomas, as agents or trustees.
The complainants in the suit just filed are
a son, daughter-in-law and grandson OF
Colonel Boyd. The defendants are the
| trustees named. Colonel Boyd and eight
other of his children. including the hus-
bands and wives Of such Of them as are
| married. In addition, the Philadelphia Saw
ings Fund Society, which holds a mortgage
for $4,000 on part Of the property, is made
a defendant together with Pemberton S..
Hutchinson and Richard w. Tyler as trus-
tees under this mortgage
Charles c. Harrison of Philadelphia, who
holds another mortgage for $4,000. upon
other Of the property involved, is also made
defendant, together with Richard w. Ty-
Ter and Robert G. Rutherford as trustees
under his mortgage. The remaining de-
PENDANTS are B. Ellwood Kelley, who holds
a mortgage for 5000 on part of the prop
erty involved in the suit together with AL
bert F. Fox and WiIliam X. Elus' as
trustees under his mortgage, and Thomas
NJ. Fields as trustee of the complainants'
interest in the estate.
Mrs. Bitner's Will.
1t is explained that Mrs. Elizabeth Bitner.
the mother-in-law of Colonel Boyd. died in
this city in 1891. She owned the Bancroft
fats on the northwest corner of 18th and H
streets, houses 220S H street, 1905 H street,
9O6 and 908 Q street, and 1914 9th street.
Mrs. Bitner left will by which she devised
her real estate to Col. Boyd during his life
and the remainder in fee simple to her
daughter, Ann Elizabeth Boyd, the wife Of
Col. Boyd Col. Boyds wife died intestate
in 1895, then owning the vested remainders
in fee simple in the properties mentioned.
She also owned the store property, No. 416
9th street. She left surviving her husband,
Col. 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 mentioned
passed by descent. Col Boyd is the owner
OF the property in the rear of the store, a
brick dwelling house and a stable.
1t is stated that Col. Boyd and his wife
mortgaged the store property and that in
the rear December 81, 1892, for $4,000, and
that this incumbrance still exists. Novem-
Der 8, 1898, they also mortgaged the Ban
croft property for $4,000, and this incum-
brance is also still outstanding.
Suit for Collection Of Notes.
About year ago the complainant. Mary
in Cun
Court of the District of Columbia on GER
tain notes. Another suit was filed in the
name of Col. Boyd against his son, Robert
E. Boyd. before a justice of the peace to
recover small amount Of money. jan
uary 6, 1901, the complainant, Robert E.
Boyd. instituted proceedings in the Su-
preme Court of the District Of Columbia to
have the mental condition of his father in
vestigated, and to have committee ap-
pointed Of his person and estate.
Shortly afterward, and before any of
these court proceedings were tried, Col.
agreement by which it was provided that
he should retire from business, his stock
should be SOLD and the real estate placed
in charge of the trustees named. The result
of this agreement was that the court pro-
ceedings, which have been mentioned, were
discontinued. By means Of the proceeds of
the sale Of Col. Boyd's business and of the
50, 600 mortgage, all Of his debts were paid
and he retired.
The real estate, so 1t is stated, was placed
primarily in charge of the defendant, VIM.
K. Ellis, alone, and secondarily in that of
VIM. K. Ellis George w. Evans and Edw.
H Thomas jointly. These trustees entered
upon the performance Of their duties under
this agreement 1t is said, and have since
been managing the Boyd estate.
What Complainants Charge.
1t is asserted by the complainants that
the defendants, Evans and Ellis, have not
been under any bond and have never ac-
counted for any Of the moneys received or
acts done by them under the family agree
ment, although it is said that Ellis has
rendered some statements of some kind to
Evans. The complainants add that they
tees.
Ellis, without any right or authority, so
1t is alleged, has filed landlord and ten
ant suit before justice of the peace
against Robert E. Boyd, lnstituting such
suit in his own name. claiming that he is
the landlord of the son, Robert, and en-
titled to the possession of the house at 906
Q street. which, it is said, Robert E. Boyd
forth that Ellis, who Is alleged to be a
stranger in interest blood and marriage to
Colonel Boyd and his children, and only an
agent as regards the Boyd estate, seeks to
dispossess Robert e. Boyd Of the property
mentioned, in which 1t is charged that
Ellis has no interest or estate whatever,
but OF which ROBERT =. BoyQ is a part
owner in fee simple. The court Is asked to
enjoin Ellis from further prosecuting the
landlord and tenant proceedings.
The charge is made that Ellis, in addi-
tion to assuming the right to maintain the
landlord and tenant proceeding, has been
guilty of making false representations as to
his powers and authority to receive certain
insurance money due on account Of a
recent loss by fire in the store, 416 9th
street. The complainants state that they
are dissatisfied with the conduct Of Ellis.
They also charge that Evans has been a
party to the alleged unsatisfactory conduct
of Ellis. 1t stated that the complainants
and Evans have not been on speaking terms
for some time but that there has been con-
siderable feeling Of bitterness between them.
Say Boyd Was Incompetent.
In the bill 1t Is asserted that five of Col.
Boyd's children live with him in the resi-
dence. 1902 H street. They have been sup
ported and maintained. 80 1t Is alleged, out
Of the revenues Of the estate to the extent |
Of 5000 a year. The complainants aver
that their interest In the estate should be |
charged with the value Of their use and |
occupation Of their residence, and with |
their support and maintenance. It Is also
stated that the interest Of the complainants
in the estate should be charged with the