The Savannah morning news., 1903-02-19
RECEIVER ASKED FOR
FOR ESTATE OF THE LATE PHILIP
VI. RUSSELL
JUDGE RUSSEL.L'S HEIRS
WHO CLAIM TITLE TO PROPERTY
IN HANDS OF WIDOW.

Want a Receiver app Ointed to Take
CHARGE of the Estate the
Ground That the Widow Has Lit
tie Interest in the Property,
Though She Claims it All - They
Ask That the Deed Under which
She Claims Title be Cancelled.
Property Was Originally Pur-
chased with Their Mothers Mon
ey. They say
In petition in which they allege
that Mrs Eliza z. Russell is depriv
ing them of the use of GER
tain property built with their moth
ers money. which was their birthplace
and the family residence for many
years, the children and grandchildren
of the late Philip NJ. Russell have in
stituted proceedings in the Superior
Court for an injunction against the
widow and for a receiver.
The suit discloses the fact that most
of the property of the estate was held
in trust for the benefit of his first
wife. the mother of certain of the COM
claimants. 60 be hers for life, and go
at her death to her children or their
representatives. but that, by consent
of the heirs the husband has been al
lowed to enjoy its use and it's profits,
though in reality it was theirs
They say that the widow who is
also the executriX of the estate, now
refuses to part with the possession of
the property, but rather claims it UNI
der the will. and under a. certain deed
which was not properly executed, and
which was not concurred in by certain
of the children who were necessary
parties. They ask the court to enJoin
her from the further control of the
property, and pray that receiver De
appointed to take charge of the prop
Crty. They also ask that she be made
to surrender up the deed for cancella-
ton.
The persons who bring the bill are
NNaring Russell, Jr., Mary 5. Tubing
son, Perla 5. Pedrick, Charles J.
White. Adele Kaufman, Emma e.
Freeman. Josie T.. White, Gertrude r.
White, Charles j. White, Jr., Eliza
beth c. Mock, Philip NJ. Russell, Nellie
$. Barbee and r. Wayne Russell, the
first three named being the children,
and the others except Charles j. Wmte.
being the grandchildren of the late
Philip NJ. Russell. who died Dec. IL,
last,
AT the time of his death they allege,
he was in the possession, among other
property. of the family residence on
Castor street, which they aver was
purchased many years ago by their
mother Eliza c. Russell, with funds OF
her own. Just subsequent to their mar
riage in 1855 trust deed embodylng
this and other property was executed
between the husband and his brother
Levi s. Russell, as trustee, in which In
strument it was recited that the prop
erty should remain in trust for Eliza
G Russell for life, free from the debts
of her husband, and after her death go
to her children.
A lot of land, lying across the street
from the family residence, which was
included in the trust deed was, despite
the restrictions in the deed, subse-
uueftly disposed of. Eliza c. Russell
died in 1886. and shortly thereafter by
q written agreement of his children the
husband was accorded the right to live
upon the property, in possession of II,
and the personally. without accounta-
hility for rents or otherwise. In 1883,
in his 73d year he married the present
defendant IN the Sult, ana AFTER MS
marriage conveyed to her, from time TO
time, pieces of property belonging to
him at the time of the marriage.
Left Her All His Estate.
BY his last will and testament. re-
Gently probated. he bequeathed to her
all of his property. He had previously
conveyed to her real estate in Savan-
nah and at Thunderbolt, the property
owned by him at the time of his death
being two lots at Thunderbolt. some
lots at Pooler seven lots at Kingston
and thirty-six lots at Menhart, S. c.
An Aug. "a, 1897, the petition further
alleges. he presented to his children a
deed conveying to him absolutely the
family residence, which instrument was
signed by most of the children. the
father representing that he desired to
make the transfer solely for the pur-
pose of raising some money, and that
the deed would not be operative unless
all of the children signed. WarIng
Russell, Jr., and Eliza f. White re-
fused to sign the deed. They say that
the conditions of this instrument were
never complied with, that their father
never regarded it as having any eff
cacy, never claimed any title under It,
and in xtrha cIy