Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-01-26
TRUSTEE BRINGS SUIT
PROCEEDINGS To-abfsCovER DE-
PENDANTS INTEREST.
Court Asked to ST aside Certain Con.
veyances The Estate Of
Ebeneker ars' Cross.

estate OF Pinkney Gross, bankrupt.
through Attorney William e. Ambrose, to-
day filed bill IN eauityieby which he seeks
to reach and subject To- the claims Of the
creditors OF the bankrupt what Is declared
to be vested remainder that Cross had in
the estate OF his father, the'late Ebenezer
T. Cross. 1t Is explained that Ebenezer p.
Cross was reputed to be worth at least $751;.
tOo at the time Of his death, and that by
MS VIII ne left his ,ehtire estate to his
widow. Mary M. Cross, for life or during
widowhocd, With power, II 1t became
necessary, but only In that event. for the
maintenance or education of his children
or the preservation Of the estate, to sell or
mortgage any part Of it. and that for the
purpose OF executing conveyances and put
ting check on the disposition of the prop
erty Pinkney Cross and one of the children
was given the legal title and named as the
one who should make conveyances After
the widows death OF remarriage the prop
erty was to go to the four children. The
VIII OF Ebenezer p. Cross, it is said, spe-
cifcally devised lot II In square Is; lots 10,
ID, 20. 81 and 50 In square 90; lots D, E, r
and q In Eagle Company's subdivision of
Pleasant Plains and Mount Pleasant, and
a onestenth interest in what is known as
the rink property on New York avenue be-
tween 18th ard 18th streets, all in the Dis
trict OF Columbia; a farm Of n acres In
r nc Georges county. Maryland; two lots
IN charlton Heights, Maryland. and half
interest in block Of lots In Newport News,
Virginia. and also any other property he
might own at the time OF his death. His
personal property. scheduled at $11 $50 in
the Pribate Court. also Dassed under the
will.
The bill sets. forth. that the trustee is
not acquainted with Just what property
Ebenezer P. Cross owned at the time Of his
death and seeks 4assdiscevery of this and
NJ fha ctofn OF fhn
present time and what has been done with
the property In the interim since Ebenezer
Cross death in 1885, l,.zss- 20
Asked to Annual Conveyances.
The court Is asked to set aside sale Of
Ebenezer Cross Interest In the rink prop
serty to the heirs of the late William Read
Ing so far as concerns the claims therein Of
Plnkney Cross. and 80 far as concerns the
bankrupts interest. conveyances by way Of
mortgage or deeds Of trust in the following
properties: To Arthur T. Brice and William
]. Father. as trustees to secure the pay
ment OF $4,000 on part Of lot II in square
Is. situated on Pennsylvania avenue. to Jo-
seph r. Edison and Charles B. Bailey as
trustees to secure the Equitable Co-opera-
tive Building Association for 5000 in lot
20 and the north half of lot 10, in the
west half Of square 50; to Thomas r. Jones
and Robert E. Bradley. as trustees to Sc
cure the National Safe Deposit, Savings and
Trust Company for 5000. in part Of lot
IT. in square Is. and stb Joseph r. Edison
and Charles B. Baafeys as trustees to secure
the Equitable Cooperative Building Asso-
citation for $2.000. In lef. 8, square 307. The
ground on which. 30 far as the bankrupts
interest Is concerned, ut Is sought to set
aside these conveyanees is stated to be that
the deeds were mAdeob Mary M. Cross
without. the interventfoh of Pfnkney Cross,
in whom 1t Is asserted the legal title lay
and also not for any purposes Of necessity
w t1,o royta Ia of no
nezer P. Cross and mot In the proper. exer-
else OF the power eaveha under that will
= The court Is asked to set aside deed Of
trust for 81 500 given ITO secure John J..
lot 8 In square 39E The ground on which
this paragraph ofsthe bill is based is an
allegation that Hsbreaf purpose was to Sc
cure John J. Byrns against loss on account
of his indorsemens jointly with Mary NJ.
Cross of a note given by Pinkney Cross
for $1,000, the hoteo being Endorsed over to
the Consumers, - now fhea Arlington, Brew
ing Company for the purpose, known to all
parties, Of enabling Pinkney Cross to pur-
chase a saloon at 1898 M street and to
start him in the saloon business The COM
plainant further says that this deed of
trust was made after Ptnkney Cross had
fled his petition in bankruptcy and was
really a preference Of Byrne over other
creditors Of Pinkney Cross.
Order to Show Cause.
The court is also asked to require Mary
M. Cross to show what she did with $4,000
received from the District Of Columbia in
pursuance of condemnation proceedings, by
which 1t acquired lot So and the fourteen
feet frontage on 22d street of lot 80 In E. ].
Hills subdivision Of square 50, and to SUBJ
ject this fund in whatever form 1t now
may exist to the claims Of the trustee In
bankruptcy. Charles %; Meriliat, as repre-
sentative Of the creditors Of Pinkney Cross
1t is added that Mary NJ. Cross claims the
sole right to dispose Of the property left by
her late husband at her sole discretion, not
withstanding that Pfnkney' Cross and the
other three children have a vested re-
mainder In the estate after the life estate
Of the widow and the restrictions imposed
on her by. the will of Ebenezer P. Cross,
and asks that she be restrained from fur
Their alternating or wasting the estate"
An alleged refusal by Mary M. Cross and
Pinkney Cross to account to the trustees
concerning the administration of the estate
is set forth, and it is asked that they be
compelled to account fully az to the same
and that receiver be appointed to manage
the estate and protect the interests OF the
49, I,o,, Ixr,, mt i, fIoo rtaka