Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-01-27
LARGE AMOUNT INVOLVED.
Important Proceedings in Equity In
stituted Today.

Proceedings in equity were instituted in
the District Supreme Court this afternoon
by Henry J., Gregor j.. Bernard P. and
Matthew F. Rupert. through Attorneys M.
]. Colbert and Wharton E. Lester, against
John w. Schaefer and Mary G. Schaefer,
the court being asked to require Mr..
Schaefer to render an accounting and to
require Mrs. Sehaefer to pay an amount
which 1t Is alleged she has received in ex
cess Of her interest in certain land.
The court is informed that the mother Of
compliments died intestate, in 1873, seized
of half interest In ffty-four acres Of land
lying on the It'll street road, and that their
father. John Rupert, died in 1881 leaving
a half interest in that land, and fee SIM
pie interest in ten additional acres lying
alongside the other parcel. making in all
about sixty -four and a half acres.
John Rupert left his interest in the
property to Henry, Gregor and Bernard
Rupert and to a deceased brother, John,
it Is said, but afterward, in February, 1885,
all OF the parties interested in the properly
entered into an agreement whereby Henry,
Gregor and Bernard Rupert should each
receive 1912 of the proceeds of the land,
Matthew and John Rupert each 3-42 and
defendant John w. Schaefer, as devisee
of his first wife, who was half sister to
the compliments, should receive 3-42, and
his present wife. Mary Rupert. 3-42
The property, it Is declared, was sold for
S154 72S. of which S39, 52S was paid in cash,
the balance secured by deed of trust on the
land. 1t is charged that John w. Schaefer
and Henry ]. and Matthew j. Rupert
were appointed trustees to represent the
others, but that by agreement and consent
of all the parties John w. Shaefer had the
entire control of the distribution of the
funds.
1t is averred that the trustees received
$50, 52S cash payment, and one note of S2S,-
800 was paid, well as large amounts on
account of interest and principal.
~ The trustees, it is further set forth, Dor
rowed $2S, 800 for the benefit of all the par
ties interested. and that May. 1898, there
was $12,9OO due on account of the money
borrowed, when the property was sold be-
cause of the failure of the purchasers to
pay the original purchase price, and was
bought in by Henry j. Rupert for the
benefit Of all interested, in the proportions
to which they were entitled according to
the agreement.
Mr. Schaefer, it Is asserted induced Henry
]. Rupert to execute a note for $4,000, Sc
cured on the property taken in his name, of
use of Mr.. Schaefer, and that afterward
about half Of the land was sold to the Dis
trict of Columbia for SEA, 900, of which Mr.
Schaefer received about $40,SO0.25, the
larger part Of which was received by him
for the use and benefit of all the parties in
proportion to their respective interests
1t is further alleged that Schaefer had
paid to his wife, Mary G. Schaefer So
5.0S, which is more than twice as much as
was due her. The complainants claim that
Mr.. Schaefer Is indebted to them in about
S25 900 by reason of the transactions re-
ferred to; that he rendered them no account
of his trusteeship, and that he refuses to
account for same or to pay the money and
that each of the defendants now owe to the
complainants sums of money far in excess
Of value of their respective interest in the
real estate.