Democratic messenger. [volume] (Snow Hill, Md.) 1869-1973, 1902-02-15
Wilson BOndSmen.

Court here on behalf of Gov. John w.
Smith, Marion I. Hargis. John J. Col
Inns and George W. Covington, bonds
men of the late William Sidney Wilson,
of Snow Hill, who was trustee for Mrs.
Wilson and others for certain funds
under the will of William L. Ewing, of
st. Louis.
Mr.. Wilson died insolvent, and the
Mississippi Valley Trust Company, as
new trustee, brought suit against his
bondsmen TO recover the amount of the
shortage, which. the plaintiff alleges, is
about $4,000. The first bond given by
Mr.. Wilson was executed December l..
1887, and was with Mr.. Wilson's father.
the late Senator f. K. Wilson; John j.
Collins, Oliver ID. Collins, Charles f.
Snow and George W. Covington as
sureties. This bond, it Is claimed. was
afterward released, and on May %, 1891.
a new bond was executed. with Governor
John Walter Smith, Marion T. Hargis.
John J. Collins and Oliver ID. Collins as
sureties. Separate suits were brought
on the two bonds.
The pleas just filed are rather volum-
inous, but, as to the second bondsmen.
are to the effect that the Mississippi
Valley Trust Company is not party
beneficially interested in the trust prop
ertv described i'll the declaration, and
that no right has accrued to it to bring
suit on the bond; that Mr.. Wilson never
was duly and appropriately appointed
trustee, in accordance with the laws of
Missouri, of the trust estate described
in the declaration; that none of the
of the moneys mentioned in the declar-
alton lawfully came into the hands of
MIR Wilson as trustee of the trust es-
tate described in the declaration; that
Mr. Wilson did not misappropriate any
money lawfully received by him as trus-
tee of the trust estate described i'll the
declarations; that since the execution of
the alleged bond and the mourning of
the alleged obligations the defendants
have been released and discharged from
all obligations under said bond by an
instrument of writing duly signed and
executed: that they have paid over and
accounted to Mrs. Wilson for all the
moneys, income, rents and profits ac-
cruing from the trust fund alleged to
have been delivered to Mr.. Wilson as
trustee.
The final plea is a plea of payment.
The defendants in this case are repre-
scented by Messrs Bernard Carter. Geo.
NJ. Upshur and AlonZo l.. Miles. of
Baltimore.
The pleas of Messrs. George w. Gov
ington, John J. Collins and Oliver ID.
Collins. sureties on the original bond.
are in substance that the plaintiff is not
Il person beneficially interested in the
trust property described i'll the declara-
ton: that Mr. Wilson never was ap.
pointed trustee of Mrs. Wilson under
the will of William L. Ewing; that no
part of the money or property alleged
in the declaration To have been misap.
proiated by Mr.. Wilson came into his
hands as trustee of Mrs. Wilson; that
under the will of William l.. Ewing
three trustees We're appointed To man
age the trust created by said will for
Mrs. Wilson; that on the petition of
Mrs Wilson one of these trustees was
removed and Mr.. Wilson appointed in
his stead, and it was on the bond then
given by him that these defendants be
came Sureties: that subsequently, with
ont the consent or knowledge OF the
Sureties, the two other trustees were re-
iupNeu anu MI w liSuu bttdtuC soiC
trustee; that at the time of the eXecu-
ton and delivery of the bond sued on.
the sureties thereon knew that William
;. Wilson was only one of three CO
trustees, and that the trust fund would
be safeguarded under the direction of
the will of William l.. Ewing by the
vigilance and financial RESPONSIBILITY
and integrity of the two other co trustees
with Mr.. Wilson, and they executed
and delivered the bond i'll suit because
the character of the trusteeship was rs
Just stated and in reliance thereon, that
the order of removal of the two other
trustees without appointing others i'll
their stead and turning over the whole
estate to Mr.. Wilson was illegal without
jurisdiction and contrary TO the laws of
Missouri: that none of the breaches of
the bond alleged in the declaration &C.
Cured until after the trust estate had
been turned over 10 Mr. Wilson as sole
trustee; that the sureties knew nothing
of the removal of the other trustees
until after Mr. Wilson's death; that Mr..
Wilson paid over To Mrs. Wilson all of
the trust estate TO which she was EN-
titled under the said will; that i'll 1891
the bond sued on was released by an
Oruef OF court anu II new DOuu lieu anu
approved: that all the misrepresentation
and breaches of trust assigned specially
in the declaration took place after the
execution, approval and filing of the
new bond: that before the institution of
this suit Mr. Wilson's administrators
and discharged by payment the
plaintiffs claim for all breaches of trust
between the approval and
filling of the first bond and the approval
and filling OF the second; that for
breaches of trust committed by Mr..
Wilson during the continuance of the
first bond Mrs Wilson by deed released
Mr.. Wilson's estate aud these defend
ants therefrom
Mr. Covington is represented by Ed
gar III Cans. of Baltimore. and Melvin
4 Handy, of Snow Hill. Messrs. . ID.
and J ]. Collins. in this suit. are repre-
>ented by Collins x Jones. of Snow
Hill The Last two defendants were on
both bonds.
Ii is said thar the suits will both he
removed Ia an adjoining county on APP
plication of the plaintiff. who is repre-
sented by John p. Poe. of Baltimore,